Rajasthan High Court - Jodhpur
Vishwajeet Singh Champawat vs State Of Rajasthan (2024:Rj-Jd:43313) on 22 October, 2024
[2024:RJ-JD:43313]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6813/2024
1. Vishwajeet Singh Champawat S/o Shri Ashok Kumar
Singh Champawat, Aged About 25 Years, R/o Ram Singh
Guda, District Pali, Rajasthan.
2. Shiv Ratan Singh Jetawat @ Prince Ramgoli S/o Shri
Bhanwar Singh Jetawat, Aged About 25 Years, R/o 15,
Shanti Nagar, Hiran Magri, Sector 3 Udaipur, Rajasthan.
3. Roop Singh Rathore S/o Shri Raju Singh, Aged About 21
Years, R/o Sedariya, District Pali, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Pragyanraj Singh S/o Satyendra Pal Singh, R/o 202, 04
Subhash Nagar, Bhupalpura, Rajasthan (Private
Respondent)
----Respondents
For Petitioner(s) : Mr. D.K. Godara.
For Respondent(s) : Mr. Vikram Rajpurohit, PP
Mr. Hardik Gautam - R/2.
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
22/10/2024
1. Quashing of an FIR No.249/2024, dated 14.09.2024, for the
alleged offences committed under Sections 115(2) [Punishment
for voluntarily causing hurt], 126(2) [Punishment for wrongful
restraint] & 3(5) [Acts done by several persons in furtherance of
common intention] of BNS-2023, registered at P.S. Bhupalpura,
District Udaipur and all consequential proceedings, on the basis of
compromise, is sought herein.
[2024:RJ-JD:43313] (2 of 3) [CRLMP-6813/2024]
2. It transpires that the petitioners-accused and the respondent
No.2 - complainant are known to each other. The allegations in
the FIR are that on 14.09.2024 when the complainant -
respondent No.2 with his friends were celebrating birthday of his
friend Kuldeep Singh at Hazari Bagh Road, a vehicle (Scorpio)
being driven by one of accused arrived there. One person while
abusing asked the complainant to move his vehicle. When the
complainant moved his vehicle, one Yugyapratap Singh came out
of Scorpio and manhandled the complainant. When his friend
came to intervene, the petitioners and other persons assaulted
them and threatened them to kill. However, it is now stated that
the allegations were made against the petitioners in the heat of
moment during registration of the FIR. Subsequently, they have
buried their hatchet and have entered into a compromise,
pursuant to which they wish to enjoy cordiality with each other.
3. Learned counsel for the petitioners submits that in view of
the compromise between the parties as is borne out from the
compromise dated 15.09.2024, respondent No.2-complainant is
not inclined to press charges against the petitioners. He urges that
the impugned FIR and all consequential proceedings may be
quashed on the basis of compromise.
4. 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.
5. In the premise, in the larger interest of justice, invoking
inherent powers vested with this Court under Section 528 of
BNSS. it is deemed expedient to quash the FIR in question arising
[2024:RJ-JD:43313] (3 of 3) [CRLMP-6813/2024]
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].
6. Consequently, the instant petition is allowed. The impugned
FIR No.249/2024, registered at P.S. Bhupalpura, District Udaipur
and all consequential proceedings arising therefrom, are hereby
quashed.
7. All pending application(s), if any, shall also stand disposed of.
(ARUN MONGA),J
16-Rmathur/-
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