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2014 Supreme(Raj) 2167

M.N.BHANDARI
Mukhtyar Singh – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioners:Nitin Choudhary, Mer. G.S. Fauzdar and K.C. Sharma, Advocates.
For the Respondent: Sudesh Saini, Public Prosecutor.

JUDGMENT

1. - In all these petitions, common question of law has been raised, thus are decided by this common judgment.

2. In these petitions, a compromise has been arrived between the parties, thus a prayer has been made for quashing of FIR/proceedings.

3. The offences against the petitioner/s are such, which are not compoundable under Section 320 of Cr.P.C.

4. In the case of Dashrath Singh, offence is under Section 354B of IPC apart from Section 4 of Protection of Children from Sexual Offences Act, 2012 (for short "Act of 2012"). The statements of the prosecutrix were recorded under Section 164 of Cr.P.C. where she has maintained allegations. A settlement was later on arrived between the parties.

5. In the case of Mukhtyar Singh and Ghamandi Singh, a prayer for quashing of cross FIRs bearing No. 173/2014 and 165/2014 is made, based on compromise. Therein, apart from many offences, it is under Section 307 of IPC also, thus is not compoundable.

6. Learned counsel for the petitioners have referred various judgments of the Hon'ble Apex Court wherein FIR/proceedings have been quashed based on settlement even if it relates to the cases, not compoundable under Section 320 of Cr.P.C. The pray





































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