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2023 Supreme(Online)(RAJ) 12756

HIGH COURT OF RAJASTHAN
BIRENDRA KUMAR
BHUPENDRA SINGH S/O SHRI BHANWAR SINGH, – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMP/150/2023



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

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