Gaja Ram vs State Of Rajasthan (2024:Rj-Jd:40886)
2024 Latest Caselaw 8770 Raj

Rajasthan High Court - Jodhpur

Gaja Ram vs State Of Rajasthan (2024:Rj-Jd:40886) on 7 October, 2024

[2024:RJ-JD:40886]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Criminal Misc(Pet.) No. 4654/2024

1.       Gaja Ram S/o Shri Dama Ram, Aged About 30 Years, B/c
         Jat R/o Village Ramgarh, Tehsil Shergarh, Dist. Jodhpur
         Rural
2.       Shaynti W/o Shri Gaja Ram, Aged About 27 Years, B/c Jat
         R/o Village Ramgarh, Tehsil Shergarh, Dist. Jodhpur Rural
                                                                           ----Petitioners
                                           Versus
1.       State Of Rajasthan, Through Pp
2.       Smt. Kamla W/o Shri Hukma Ram, B/c Jat R/o Village
         Ramgarh, Tehsil Shergarh, Dist. Jodhpur Rural
                                                                        ----Respondents


For Petitioner(s)                :     Mr. Hanuman Ram
For Respondent(s)                :     Mr. Vikram Rajpurohit, PP
                                       Mr. Dinesh Choudhary-R/2.



                 HON'BLE MR. JUSTICE ARUN MONGA

Order (Oral)

07/10/2024

1. Quashing of an FIR No.156/2024, dated 05.06.2024, for the

alleged offences committed under Sections 341, 323 and 307/34

of IPC, registered at P.S. Shergarh, District Jodhpur (Rural) and all

consequential proceedings, are sought herein.

2. Learned counsel for the petitioners submits that during the

pendency of this petition, the parties have entered into

compromise as is borne out from the compromise-deed dated

26.06.2024.

3. On a Court query, learned counsel for the complainant (wife

of victim) submits that allegations qua Section 307 of IPC were

made in the heat of the moment and though an injury was

[2024:RJ-JD:40886] (2 of 2) [CRLMP-4654/2024]

suffered by the victim (real brother of petitioner No.1) but the

same is not attributable to the petitioners as he had a fall from an

over-head tank due to which he suffered a head injury.

4. Learned Public Prosecutor concurs with the factum of

compromise arrived between the parties and convey no objection

to the quashing of the FIR.

4. In the premise, in the larger interest of justice, invoking

inherent powers vested with this Court under Section 482 Cr.P.C.

(now Section 528 of the BNSS) it is deemed expedient to quash

the FIR in question arising out of a dispute between the parties

and all consequential proceedings arising therefrom for mutual

good relations between the parties and to maintain societal peace.

Reference in this context may be had to judgment rendered in the

case of Gian Singh Vs. State of Punjab & Anr. [(2012) 10

SCC 303].

5. Consequently, the instant petition is allowed. The impugned

FIR No.156/2024, dated 05.06.2024, registered at P.S. Shergarh,

District Jodhpur (Rural) and all consequential proceedings arising

therefrom, are hereby quashed.

6. All pending application(s), if any, shall also stand disposed of.

(ARUN MONGA),J 295-skm/-

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