Allowed

Omprakash Soni S/O Shri Mahaveer Soni v. State of Rajasthan

Rajasthan HC7 Jul 2021CRLMP/1038/2021

Case brief

AI extract

What is this about?

Criminal miscellaneous petition under Section 482 Cr.P.C. sought quashing of FIR and proceedings due to a settlement. The High Court, relying on Apex Court precedents, deemed it just and proper to quash the FIR given the parties' compromise.

What did the court decide?

Quashing of FIR No.439/2020 and consequential criminal proceedings for offences under Sections 143, 341, 447, 427, 307 IPC and Section 3(2)(va) SC/ST Act.

Omprakash Soni S/O Shri Mahaveer Soni Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1038/2021

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Omprakash Soni S/o Shri Mahaveer Soni, R/o Pilani, District Jhunjhunu.

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Surya Prakash Soni S/o Omprakash Soni, R/o Pilani, District Jhunjhunu.

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Dinesh Singh @ Tinku S/o Shri Rajendra Singh, R/o Village Thirpali Badi, District Churu.

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Sunil @ Godu Singh S/o Shri Laxman Singh, R/o Village Jherli, Tehsil Chirawa, District Jhunjhunu.

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Narendra Singh S/o Shri Yogendra Singh, R/o Village Jherli, Tehsil Chirawa, District Jhunjhunu.

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----Petitioners

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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Rakesh Kedia S/o Govindram Kedia, R/o Ward No. 31 Pilani, District Jhunjhunu.

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----Respondents

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For Petitioner(s) : Mr. Arun Singh Shekhawat For Respondent(s) : Mr. Chandragupt Chopra, PP. Mr. Amit Punia

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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07/07/2021

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This criminal miscellaneous petition has been filed by the petitioners under Section 482 Cr.P.C. for quashing FIR No.439/2020 dated 26.12.2020 registered at Police Station Pilani, District Jhunjhunu for the offence under Sections 143, 341, 447, 427, 307 IPC and Section 3(2)(va) SC/ST Act and consequential criminal proceeding.

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(2 of 2)

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[CRLMP-1038/2021]

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Learned counsel for the petitioners as well as learned counsel for the respondent submitted that compromise has been arrived between the parties and they have settled their dispute. So, criminal proceedings are pending, be set aside.

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Learned Public Prosecutor has opposed the arguments advanced by learned counsel for the petitioners.

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Learned counsel for the complainant acknowledging the factum of compromise between the parties and submitted that he has no objection if the FIR in question and consequential criminal proceeding quashed.

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Heard learned counsel for both the parties and perused the record.

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A perusal of the material on record shows that the dispute between the parties has amicably been settled by them. In view of compromise and the law laid down by the Hon’ble Apex Court of India in cases of Gian Singh (supra) & Narinder Singh (supra) , this Court deems it just and proper to quash the FIR in question and consequential criminal proceeding.

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Resultantly, this criminal miscellaneous petition is allowed. The FIR No.439/2020 dated 26.12.2020 registered at Police Station Pilani, District Jhunjhunu for the offence under Sections 143, 341, 447, 427, 307 IPC and Section 3(2)(va) SC/ST Act and consequential criminal proceedings are quashed.

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(NARENDRA SINGH DHADDHA),J

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Seema/62

Omprakash Soni S/O Shri Mahaveer Soni v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Omprakash Soni S/O Shri Mahaveer Soni v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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