Harish Chandak vs State Of Rajasthan (2024:Rj-Jd:38043)
2024 Latest Caselaw 8046 Raj

Rajasthan High Court - Jodhpur

Harish Chandak vs State Of Rajasthan (2024:Rj-Jd:38043) on 12 September, 2024

[2024:RJ-JD:38043]



      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6091/2024

Harish Chandak S/o Sh. Chaturbhuj Chandak, Aged About 65
Years, R/o Kalyan Pura Marg No. 5, P.s. Kotwali, Barmer,raj.
                                                                    ----Petitioner
                                    Versus
1.         State Of Rajasthan, Through Pp
2.         Mewa Ram Jain S/o Sh. Chintamani Jain, R/o Genhoo
           Road, Dist. Barmer, Raj.
                                                                 ----Respondents


 For Petitioner(s)          :    Mr. Muktesh Maheshwari.
 For Respondent(s)          :    Mr. S.R. Choudhary, PP
                                 Mr. Rakesh Jakhar - R/2.


               HON'BLE MR. JUSTICE ARUN MONGA

Order (Oral)

12/09/2024

1. Quashing of FIR No. 255/2012, dated 06.06.2012, registered

at Police Station Kotwali, District Barmer for alleged offences

under Sections 384, 385 & 500 of the IPC, along with all

consequential proceedings, is sought herein.

2. Heard.

3. At the outset, learned counsel for the petitioner submits that

the allegations made in the FIR were primarily against Mahavir

Jain. The respondent No.2-complainant has already entered into a

compromise with the accused Mahavir Jain, and the FIR against

him was quashed by this Court based on the said compromise, as

per the order dated 11.12.2015 in S.B. Criminal Misc. Petition No.

3456/2015. Furthermore, the FIR against another accused,

[2024:RJ-JD:38043] (2of 2) [CRLMP-6091/2024]

Jagdish Khatri, was also quashed by this Court by order dated

14.01.2019 in S.B. Criminal Misc. Petition No. 4210/2017. Learned

counsel submits that the petitioner and respondent No.2-

complainant have also now compromised the matter.

4. On a court query, learned counsel for the respondent No.2-

complainant concurs that the respondent No.2-complainant does

not want to proceed in the FIR in question qua the petitioner as

well. He has, therefore, no objection if the FIR in question is

quashed.

5. 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 there from 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.255/2012, dated 06.06.2012, registered at Police Station

Kotwali, District Barmer and all consequential proceedings arising

therefrom, are hereby quashed.

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

(ARUN MONGA),J 60-Rmathur/-

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