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2019 Supreme(Raj) 37
IN THE HIGH COURT OF RAJASTHAN, JAIPUR BENCH
Kanwaljit Singh Ahluwalia, J.
Deepak Mina And Others – Appellants
Vs.
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous (Petition) No. 5574 of 2017
Decided On : 30-01-2019
For the Appellant : Mr. Mohd. Rahil Kalam
For the Respondent: Mr. VS Godara PP
The principle that the compromise on behalf of the deceased in a criminal case cannot be affected by the deceased's wife.
Headnote:
Section 482 Cr.P.C. - Quashing of FIR - Compromise - Summary
Fact of the Case:
The petition was filed seeking quashing of FIR for offences under Sections 323, 341, and 379 IPC. The trial court framed charges for offences under Sections 324 and 326 IPC. The statement of the complainant and another respondent was recorded. The injured party died during the trial, and the petitioners sought to affect a compromise on behalf of the deceased.
Finding of the Court:
The court found that the wife of the deceased cannot affect the compromise on behalf of the deceased in a criminal case. The petition was dismissed for being devoid of merits.
Issues: The issues revolved around the quashing of the FIR, the framing of charges, and the effect of the compromise in a criminal case.
Ratio Decidendi: The court's decision was influenced by the principle that the compromise on behalf of the deceased in a criminal case cannot be affected by the deceased's wife.
Final Decision: The petition seeking quashing of the FIR and subsequent criminal proceedings was dismissed for being devoid of merits.
Kanwaljit Singh Ahluwalia, J.
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 133/2011 registered at Police Station Wazirpur, Sawai Madhopur for the offences under Sections 323, 341 and 379 IPC.
2. Learned counsel for the petitioners has submitted that even though the charge-sheet was filed for the offence under Section 307 IPC, but the trial court only framed charges against the petitioners only for offences under Sections 324 and 326 IPC.(2 of 2) [CRLMP-5574/2017]
3. This Court on 29.5.2018 had passed the following order:-
"In the present petition, quashing of FIR and subsequent criminal proceedings on the basis of compromise, has been prayed.
Let at first instance, upon identification, statements of the petitioners and the complainant be recorded by the Deputy Registrar (Judicial).
To await statement recorded by the Deputy Registrar (Judicial), list on July, 2, 2018."
4. In pursuance of the aforesaid order, Dy. Registrar (Judicial) has recorded the statement of the complainant respondent no.2 Smt. Rekha and respondent no.3 Ramprasad.
5. Learned counsel for the petitioners has submitted that the injured Mukhtayar who had suffered grievous injury has died during the pendency of the trial.
6. Wife of Mukhtayar cannot affect the compromise on behalf of Mukhtiyar in a criminal case. Hence, no ground is made to cause interference and the present petition being devoid of merits is dismissed.
