2023 Supreme(Online)(RAJ) 13739
HIGH COURT OF RAJASTHAN
BIRENDRA KUMAR
MOHAN SINGH S/O SHRI RAMSWAROOP – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMP/324/2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 324/2023
1.
Mohan Singh S/o Shri Ramswaroop, R/o Village Dehara,
Police Station Lakhanpur, District Bharatpur.
2.
Uday Singh S/o Vanaiy Singh, R/o Village Dehara, Police
Station Lakhanpur, District Bharatpur.
3.
Devendra Singh S/o Atar Singh, R/o Vijay Nagar,
Atalbandh, Bharatpur.
4.
Atar Singh S/o Samre, R/o Vijay Nagar, Atalbandh,
Bharatpur.
----Petitioners
Versus
1.
State Of Rajasthan, Through Public Prosecutor.
2.
Shri Niranjan Singh S/o Shri Kamal Singh, R/o Village-
Dehra, Police Station Lakhanpur, District Bharatpur.
----Respondents
Connected With
S.B. Criminal Miscellaneous (Petition) No. 150/2023
1.
Bhupendra Singh S/o Shri Bhanwar Singh,
2.
Bhavar Singh S/o Shri Kamal Singh
3.
Dinesh S/o Shri Niran Singh
4.
Mahesh S/o Shri Bhavar Singh,
All R/o Village Dehra, Tehsil Nadbai, Police Station
Lakhanpur, District Bharatpur.
----Petitioners
Versus
1.
State Of Rajasthan, Through Public Prosecutor.
2.
Shri Atar Singh S/o Shri Samre Singh, R/o Vijay Nagar,
Colony Heeradas, District Bharatpur.
----Respondents
For Petitioner(s)
:
Ms. Chhavi Chaturvedi, Adv. for
Mr. Kapil Bhardwaj, Adv.
For Respondent(s)
:
Mr. Imran Khan, PP
Mr. Guru Charan Singh Gill, Adv.
(Petitioner in CRLMP No.150/2023)
(2 of 3)
[CRLMP-324/2023]
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
27/01/2023
S.B. Criminal Miscellaneous (Petition) No. 324/2023:-
Heard the parties.
This petition is for quashing of entire criminal proceeding
arising out of the FIR No.385/2022 registered with Police Station
Lakhanpur, District Bharatpur, Rathathan for offences under
Sections 143, 323, 341, 504, 354, 336 452, 379 and 509 of IPC
on the ground of compromise between the parties.
Learned counsel for the petitioner contends that the parties
have entered into compromise with each other before the
Investigating Officer.
Respondent No.2 is physically present in the Court and
supports the factum of compromise.
Considering the nature of the offences alleged and
settlement of the dispute, continuance of criminal proceedings
would be an abuse of the process of law.
Hence the impugned FIR and all subsequent proceedings
arising out of aforesaid FIR are hereby quashed and this petition is
allowed.
S.B. Criminal Miscellaneous (Petition) No. 150/2023:-
Heard the parties.
This petition is for quashing of entire criminal proceeding
arising out of the FIR No.384/2022 registered with Police Station
Lakhanpur, District Bharatpur, Rathathan for offences under
Sections 143, 323, 341, 506, 336, 354, 427 and 379 of IPC and
(3 of 3)
[CRLMP-324/2023]
Section 3 of SC/ST Act 1989 (Amended 2015) on the ground of
compromise between the parties.
Learned counsel for the petitioner contends that the parties
have entered into compromise with each other before the
Investigating Officer.
Respondent No.2 is physically present in the Court and
supports the factum of compromise.
Considering the nature of the offences alleged and
settlement of the dispute, continuance of criminal proceedings
would be an abuse of the process of law.
Hence the impugned FIR and all subsequent proceedings
arising out of aforesaid FIR are hereby quashed and this petition is
allowed.
(BIRENDRA KUMAR),J
Ashwani /-22-23