The High Court of Rajasthan quashed an FIR under the SC/ST (Prevention of Atrocities) Act after a minor filed a petition under Section 482 Cr.P.C. stating that the parties resolved the defamation matter amicably via a compromise.
Quashing of impugned FIR No.456/2017 and all subsequent proceedings.
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(1 of 2) [CRLMP-5889/2017]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5889/2017
Surendra Kumar S/o Shri Dal Chand, R/o Khashi Ka Bass, Tehsil Dhod, District Sikar, Raj.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Nishant Sharma For Respondent(s) : Mr. Aladeen Khan, PP for State Mr. Rameshwar Nehra, for respondent No.2
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Order
06/03/2018
Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.456/2017, registered at Police Station Udyog Nagar, Sikar, for offence under Section 3(1)(ii) of SC/ST (Prevention of Atrocities) Act, 1989.
Learned counsel for the petitioner submits that respondent No.2 Ashok had lodged a FIR that the petitioner on the facebook, has used defamatory words regarding caste of the complainant. Learned counsel has contended that the petitioner and the complainant both are students. Due to intervention of respectable members of the society, matter has been amicably resolved and the complainant has decided not to pursue the impugned FIR.
(2 of 2) [CRLMP-5889/2017]
Learned counsel for the parties have drawn attention of this court to the compromise dated 24.10.2017, annexed with the present petition.
Since the parties, to promote everlasting peace and harmony in the community, have decided to bury their hatches, this court is of the view that hour of the compromise is the finest hour between the respective parties.
Complainant Ashok, respondent No.2, is present in court. He has been identified by his counsel Shri Rameshwar Nehra.
Shri Rameshwar Nehra, on instructions of complainantrespondent No.2 Ashok, who is present in court, has stated that the complainant no longer intend to pursue the impugned FIR.
Taking into account the joint request made by the learned counsel for the parties, considering the factum of compromise, this court is of the view that continuation of the impugned FIR will serve no fruitful purpose.
Hence, the present petition is accepted and the impugned FIR alongwith all subsequent proceedings is quashed.
(KANWALJIT SINGH AHLUWALIA),J
Govind/
3 issues framed by the court
Whether the impugned FIR under the SC/ST (Prevention of Atrocities) Act should be quashed in view of a subsequent compromise between the parties.
Whether the continuation of the proceedings serves any fruitful purpose given the settlement.
Whether the present petition under Section 482 Cr.P.C. for quashing the FIR is maintainable.
2 provisions across 2 enactments
Surendra Kumar
State Of Rajasthan
Ashok
KANWALJIT SINGH AHLUWALIA
As recorded by the court registry
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