Kasam Khan vs State Of Rajasthan (2023:Rj-Jd:40047)
2023 Latest Caselaw 9954 Raj

Rajasthan High Court - Jodhpur

Kasam Khan vs State Of Rajasthan (2023:Rj-Jd:40047) on 21 November, 2023

Author: Farjand Ali

Bench: Farjand Ali

[2023:RJ-JD:40047]                     (1 of 3)                     [CRLMP-6715/2023]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6715/2023

1.       Wasim Akram S/o Shri Hamid Mohammad, Aged About 33
         Years, R/o Near Gopal Dwara Mandal Dist. Bhilwara Raj.
2.       Hamid Mohammed Bhomiya S/o Mohammed Hanif, Aged
         About 60 Years, R/o Near Gopal Dwara Mandal Dist.
         Bhilwara Raj.
                                                                     ----Petitioners
                                      Versus
1.       State Of Rajasthan, Through PP
2.       Abida Banu Bhomiya W/o Kasam Khan, R/o Near Gopal
         Dwara Mandal Dist. Bhilwara Raj.
                                                                   ----Respondents
                                Connected With
                S.B. Criminal Misc(Pet.) No. 1754/2022
Kasam Khan S/o Shri Aladin Bhomiya, Aged About 57 Years, R/o
Mandal, Tehsil Mandal, District Bhilwara.
                                                                      ----Petitioner
                                      Versus
1.       State Of Rajasthan, Through PP
2.       Hamid       Mohammad         S/o     Shri     Mohammad         Hanif,   R/o
         Mandal, Tehsil Mandal, District Bhilwara.
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Ramesh Purohit
                                  Mr. Ramdev Rajpurohit
For Respondent(s)           :     Mr. S.K. Mehar, PP
For Complainant             :     Mr. R.S. Chouhan



                HON'BLE MR. JUSTICE FARJAND ALI

Order

21/11/2023

[2023:RJ-JD:40047] (2 of 3) [CRLMP-6715/2023]

1. These two criminal miscellaneous petitions have been filed

under Section 482 of the Cr.P.C. seeking quashing of two

FIRs, which have been registered as cross cases between the

parties herein. While S.B. Criminal Misc. Petition No.

6715/2023 has been preferred seeking quashing of First

Information Report No.402/2021 registered at the Police

Station Mandal, District Bhilwara for the offences under

Sections 143, 341, 323, 354 and 34 of the IPC, S.B. Criminal

Misc. Petition No.1754/2022 has been preferred seeking

quashing of First Information Report No.14/2022 registered

at the Police Station Mandal, District Bhilwara for the

offences under Sections 420, 406, 467, 468, 471, 341 and

384 of the IPC.

2. It is submitted by counsel for the parties that the parties

have settled their dispute by way of compromise and do not

wish to proceed further with the matter. Learned counsel

have relied upon the judgment passed by the Hon'ble

Supreme Court in the matter of Gian Singh Vs. State of

Punjab & Anr. reported in 2012(10) SCC 303 and prayed

that both the FIRs mentioned above may be quashed in view

of the compromise between the parties.

3. Learned Public Prosecutor has opposed the petition.

4. Considering the facts and circumstances of the present case

and the fact that the parties have settled their dispute by

way of compromise and also following the judgment passed

by the Hon'ble Supreme Court in the matter of Gian Singh

(supra), both the criminal miscellaneous petitions are allowed

[2023:RJ-JD:40047] (3 of 3) [CRLMP-6715/2023]

and the entire proceedings in connection with the First

Information Reports mentioned above and all consequential

proceedings, qua the petitioners, are hereby quashed.

5. The stay applications also stand disposed of.

(FARJAND ALI),J 292-293-Ashutosh/-

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