Dalpat Singh vs State Of Rajasthan (2024:Rj-Jd:41110)
2024 Latest Caselaw 8846 Raj

Rajasthan High Court - Jodhpur

Dalpat Singh vs State Of Rajasthan (2024:Rj-Jd:41110) on 8 October, 2024

[2024:RJ-JD:41110]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6205/2024
1.       Dalpat Singh S/o Sh. Phool Singh, Aged About 52 Years,
         R/o Indira Colony, Hanuman Mandir, Phalodi, Raj.
2.       Bhawani Singh S/o Sh. Tara Singh, Aged About 29 Years,
         R/o Laxmipura, Ward No. 20, Phalodi, Raj.
3.       Dilip Singh S/o Sh. Hari Singh, Aged About 50 Years, R/o
         Ward No. 28, Keshav Nagar, Malaar Road, Phalodi, Raj.
4.       Vikram Singh S/o Sh. Dalpat Singh, Aged About 24 Years,
         R/o Indira Colony, Hanuman Mandir, Phalodi, Raj.
                                                    ----Petitioners
                                 Versus
1.       State Of Rajasthan, Through Pp
2.       Gulab Singh S/o Sh. Chain Singh, R/o Sundo Ka Bass,
         Bastva, Balesar, Dist. Jodhpur, Raj.
                                                  ----Respondents


For Petitioner(s)         :     Mr. Yogendra Singh.
For Respondent(s)         :     Mr. Vikram Rajpurohit, PP
                                Mr. Magender Singh-R/2.


               HON'BLE MR. JUSTICE ARUN MONGA

Order

08/10/2024

1. Quashing of an FIR No.377/2023, dated 29.08.2023, for the

alleged offences committed under Sections 143, 323, 341, 379,

427 & 458 of of IPC, registered at Phalodi, District Phalodi and all

consequential proceedings, are sought herein.

2. On a Court query, it transpires that the petitioners-accused

and the complainant knew each other as the petitioners-accused

frequently visited the complainant's liquor shop. On the fateful

day, when the accused arrived at the liquor shop to purchase

liquor, he was informed by the complainant that the shop was

closed. The petitioners then physically assaulted the complainant

and caused damage to the shop premises. FIR was thus

registered.

[2024:RJ-JD:41110] (2 of 2) [CRLMP-6205/2024]

3. Learned counsel for the petitioners submits that during the

pendency of the petition, the parties have entered into

compromise as is borne out from the compromise-deed dated

17.09.2024.

4. On a Court query to learned counsel for the respondent No.2

- complainant he states that allegations were made against the

petitioners in the heat of the moment during the registration of

the FIR. Subsequently, they have buried their hatchet and have

entered into a compromise.

5. Learned Public Prosecutor and learned counsel for the

complainant concur with the factum of compromise arrived

between the parties and convey no objection to the quashing of

the FIR.

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

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

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

FIR No.377/2023, registered at Phalodi, District Phalodi and all

consequential proceedings arising therefrom, are hereby quashed.

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

(ARUN MONGA),J 7-Rmathur/-

Powered by TCPDF (www.tcpdf.org)