Ramkesh Meena Son Of Soji Lal Meena vs State Of Rajasthan (2024:Rj-Jp:11153)
2024 Latest Caselaw 1516 Raj/2

Rajasthan High Court

Ramkesh Meena Son Of Soji Lal Meena vs State Of Rajasthan (2024:Rj-Jp:11153) on 4 March, 2024

Author: Anil Kumar Upman

Bench: Anil Kumar Upman

[2024:RJ-JP:11153]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 1207/2024

 1.      Ramkesh Meena Son Of Soji Lal Meena, Aged About 25
         Years, Resident Of Village Dhanoogaon, Nainwa, District
         Bundi (Raj). ( At Present Confined In Central Jail, Jaipur).
 2.      Durgesh Meena Son Of Kanhaiya Lal Meena, Aged About
         23 Years, Resident Of Kolaheda, District Bundi (Raj). ( At
         Present Confined In Central Jail, Jaipur).
                                                                   ----Petitioners
                                    Versus
 1.      State Of Rajasthan, Through P.p.
 2.      Moti Lal Meena Son Of Ramkishore Meena, Aged About 24
         Years, Resident Of Village Post Sunawa, Tehsil Niwai,
         Police Station Niwai Sadar, District Tonk (Raj).
                                                                 ----Respondents

For Petitioner(s) : Mr. Kailash Chand Meena For Respondent(s) : Mr. M.K. Sheoran, PP Mr. Hari Ram Gurjar

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

04/03/2024

1. The complainant is present in person before the Court and he

has been duly identified by his counsel.

2. By way of this criminal misc. petition under Section 482 of

the Code of Criminal Procedure, the accused-petitioners have

approached this Court with a prayer to quash the FIR No.97/2024

registered at Police Station Shivaspura, Jaipur City (South) for the

offence punishable under Section 392 of IPC.

3. Learned counsel for the petitioners submits that during

pendency of the investigation, the petitioners have entered into a

[2024:RJ-JP:11153] (2 of 2) [CRLMP-1207/2024]

compromise with the complainant. The affidavit sworn by the

complainant has been annexed with this petition as Annexure-2.

Learned counsel has relied upon the judgment of Hon'ble Apex

Court in the case of Shiji @ Pappu & Ors. Vs. Radhika & Anr.

reported in (2011) 10 SCC 705.

4. Learned Public Prosecutor and learned counsel for the

complainant do not dispute the aforesaid factual position.

5. In view of the aforesaid and considering the submissions

made on behalf of the respective parties; the material made

available for my perusal; considering that the parties have

resolved their dispute and also finding that the present case is

wholly covered by the principle of law laid down by Hon'ble the

Supreme Court in the case of Gian Singh Vs. State of Punjab &

Anr-reported in 2012 Cr.L.J. (SC) 4934 and in the case of

State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors.

[AIR 1992 SC 604] and in Shiji @ Pappu & Ors. Vs. Radhika

& Anr. (2011) 10 SCC 705, the aforesaid FIR is liable to be

quashed in view of compromise arrived at between the parties.

6. In view of the above, this criminal misc. petition is allowed

and the FIR No.97/2024 registered at Police Station Shivaspura,

Jaipur City (South) is quashed and set aside. Consequence to

follow.

7. The stay application also stands disposed of.

(ANIL KUMAR UPMAN),J

44-Nirmala

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