Heera Ram vs State Of Rajasthan ...
2023 Latest Caselaw 8851 Raj

[2023:RJ-JD:36818]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6852/2023

1. Heera Ram S/o Nimba Ram, Aged About 38 Years, R/o-

Pandit Ji Ki Dhani, Police Station Osian, District Jodhpur Rural.

2. Narayanram S/o Nimba Ram, Aged About 36 Years, R/o-

Pandit Ji Dhani, Police Station Osian, District Jodhpur Rural.

3. Sonaram S/o Navla Ram, Aged About 40 Years, R/o-

Baithwasiyan, Police Station Osian, District Jodhpur Rural.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Smt. Manju Choudhary W/o Shri Hanutaram, B/c- Jat, R/o- Village Bhambhuo Ki Dhani, Baithwasiya, Police Station Osian, District Jodhpur.

                                                                   ----Respondents


For Petitioner(s)            :    Mr. A.R. Beniwal
For Respondent(s)            :    Mr. Chaturbhuj



                HON'BLE MR. JUSTICE FARJAND ALI

                                       Order

30/10/2023

1. The instant Criminal Misc. Petition under Section 482 CrPC

has been preferred by the petitioners for quashing the FIR

No.250/2023 registered at the Police Station Osian, District

Jodhpur Rural for the offences under Sections 143, 341, 323, 452

and 354 of the IPC and Section 7/8 of the POCSO Act along with

all consequential proceedings arising therefrom.

2. Briefly stated, facts of the case are that on 27.09.2023, the

complainant-respondent No.2 submitted a complaint before the

SHO, Police Station Osian alleging inter alia that at about 5:15

[2023:RJ-JD:36818] (2 of 4) [CRLMP-6852/2023]

p.m. when her husband Hanutaram alongwith his niece Mst. 'B'

D/o Diparam was returning towards village after purchasing the

household goods and they reached near Dhundhara, a Bolero

vehicle bearing registration No.RJ19-UB-5980 chased them, upon

which, her husband stopped the motor-cycle opposite a fair price

shop and entered therein for rescue but the accused persons came

there and assaulted him by iron rod resulting which he received

injuries and his right leg got fractured. On the basis of the above,

an FIR No.250/2023 was got registered at the Police Station

Osian.

3. Learned counsel for the petitioner has placed on record a

compromise -cum- agreement with the complainant. It is recited

in the compromise deed dated 11.10.2023 that the parties have

resolved their dispute amicably and therefore, the complainant

does not wish to pursue criminal proceedings against the

petitioner, therefore, the Misc. petition may be allowed.

4. Learned Public Prosecutor and counsel for complainant do

not dispute the fact of compromise and expresses his inclination

for acquittal of accused on the ground of compromise.

5. Heard learned counsel for the parties and perused the

material available on record.

6. The fact of compromise is reflecting from the record of the

case. It is also appearing that the parties originally belong to the

[2023:RJ-JD:36818] (3 of 4) [CRLMP-6852/2023]

same vicinity. The offence under Sections 341, 323, 354 IPC and

Section 7/8 of the POCSO Act are compoundable offences.

Although the other offences, i.e under Sections 143, 452 IPC are

non-compoundable, but this Court is aptly guided by the

pronouncement made by the Hon'ble Supreme Court in the case of

Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10

SCC 303, wherein it is propounded that if the parties resolve the

dispute amicably and the matter does not pertain to breach of

public peace and essentially, it is a dispute inter se/between the

parties, then in such circumstances, with a view to establish

harmony between two families, the proceedings can be quashed

by the high Court while exercising the power under Section 482 of

the Cr.P.C. In a recent judgment titled Murali Vs. State

represented by the Inspector of Police (Criminal Appeal

No.24/2021), the Hon'ble Apex Court reduced the quantum of

sentence of the appellants to the period already undergone by

them while considering the fact of compromise between the

parties, inter alia other aspects. Whenever the fact of compromise

is taken into consideration by the Court post conviction, discretion

shall be exercised with caution and while considering the

circumstances prevalent in the matter at hand. In the present

case, considering all the factors, including the fact of compromise,

this Court deems it appropriate to allow the revision petition.

7. Accordingly, the Criminal Misc. Petition is allowed. The FIR

No.250/2023 registered at the Police Station Osian, Jodhpur Rural

lodged against the petitioners is quashed and set aside. The

[2023:RJ-JD:36818] (4 of 4) [CRLMP-6852/2023]

authorities concerned are directed not to take any coercive steps

against the petitioners.

8. All pending applications stand disposed of.

(FARJAND ALI),J 1-Mamta/-

Powered by TCPDF (www.tcpdf.org)