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2021 Supreme(Raj) 933

IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Shyopat Ram - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 5258 of 2019
Decided on : 05-08-2021

Advocates appeared:
Pankaj Kumar Gupta, Advocate, S.K. Bhati, Advocate, Navneet Punia, Advocate

Headnote:

Compromise - Quashing of FIR - Supreme Court's Judgment in the case of Gian Singh Vs. State of Punjab & Anr.

Fact of the Case:

The petitioners sought quashing of FIR for offences under Sections 341, 323, 307, 447 and 143 IPC, claiming compromise with the complainant.

Finding of the Court:

The court dismissed the petition as the Supreme Court's judgment in Gian Singh case states that FIR proceedings cannot be quashed on the ground of compromise when the ingredients of the offence are made out.

Issues: Quashing of FIR based on compromise, Ingredients of the offence under Section 307

Ratio Decidendi: The court relied on the Supreme Court's judgment in Gian Singh case to conclude that FIR proceedings cannot be quashed based on compromise when the ingredients of the offence are established.

Final Decision: The instant misc. petition seeking quashing of the FIR was dismissed, allowing the petitioners to raise objections before the trial court at the appropriate stage.

JUDGMENT

Sandeep Mehta, J. - Heard. Perused the material available on record.

2. The instant misc. petition has been filed by the petitioners herein seeking quashing of FIR No.244/2019 registered at the Police Station Jaitsar, District Sri Ganganagar for the offences under Sections 341, 323, 307, 447 and 143 IPC on the ground that the complainant has compromised the entire dispute with the petitioners and thus, the FIR deserves to be quashed.

3. Learned counsel for the complainant agrees to this submission. However, learned Public Prosecutor has drawn this Court's attention to the Investigating Officer's factual report and the injury report of the injured Chetaram which indicates that significant injuries were caused to him including head injuries for which, Chetaram had to be subjected to surgery. The IO has found the Ingredients of the offence under Section 307 made out against the petitioner. Thus, considered in light of Supreme Court's Judgment in the case of Gian Singh Vs. State of Punjab & Anr. Special Leave Petition (Crl.) 8989/2010, proceedings of the FIR cannot be quashed on the ground of compromise.

4. Thus, leaving the petitioners at liberty to raise all their objections before the trial court at the appropriate stage, the instant misc. petition is dismissed.

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