Allowed

Mukesh Kumar Choudhary and Ors. v. State of Rajasthan and Anr.

Rajasthan HC3 Sept 2021CRLMP/236/2013

Case brief

AI extract

What is this about?

This criminal miscellaneous petition sought quashing of an FIR involving personal disputes, including offences under the SC/ST Act. The High Court allowed the petition, quashing the FIR, relying on Supreme Court precedents regarding quashing of non-compoundable offences when disputes are civil in nature and amicably settled.

What did the court decide?

The petition was allowed and FIR No. 02/2013 registered at Police Station Baswa was hereby quashed.

Mukesh Kumar Choudhary and Ors. Vs State of Rajasthan and… — 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. 236/2013

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Mukesh Kumar Choudhary, S/o Sh. Ram Kishore Choudhary, aged about 26 years

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Ram Kishore S/o Sh. Kajod Mal, aged about 55 years

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Satya Narain S/o Sh. Ram Kishore, aged about 30 years

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Mohan Lal S/o Sh. Kanhaiya Lal, aged about 32 years

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----Petitioners

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Versus

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State Of Rajasthan through PP

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Mukesh S/o Sh. Ganesh Bairwa, aged about 28 years, R/o Panditpura, P.s. Baswa, Distt. Dausa, Rajasthan

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----Respondents

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For Petitioner(s) : Mr. Parth Sharma for Mr. Deepak Asopa For Respondent(s) : Mr. S.K. Mahala, PP

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HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

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Order

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03/09/2021

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This petition has been filed under Section 482 Cr.P.C for quashing of FIR No. 02/2013 registered at Police Station Baswa, District Dausa for the offences under Sections 341, 323, 451, 354 & 504 IPC and Section 3(1)(X) of SC/ST Act.

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Heard Learned counsel for both the sides and perused the material available on record.

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Learned counsel appearing for the petitioners submits that in a dispute of some amount, the present FIR has been lodged. All the offences are compoundable except offence of SC/ST Act. The dispute is purely of a civil nature. Now, they have amicably settled

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(2 of 2)

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[CRLMP-236/2013]

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all their disputes, therefore, the present criminal proceedings deserve to be quashed in view of the legal position expounded in Gian Singh Vs. State of Punjab & Another [(2012) 10 SCC 303] .

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Learned counsel for complainant-respondent also submits that compromise has been arrived at between the parties. 5. Learned Public Prosecutor submits for appropriate directions. 6. It is well settled legal position as expounded by the Hon'ble Supreme Court in State of Madhya Pradesh Vs. Laxmi Narayan [(2019) 5 SCC 688] & Gian Singh Vs. State of Punjab & Another [(2012) 10 SCC 303] that the power conferred under Section 482 of Cr.PC to quash the criminal proceedings for the non compoundable offences under Section 320 of the Cr.P.C can be exercised having overwhelmingly and predominantly the civil character particularly those arising out of commercial transaction or arising out of matrimonial relationship or family disputes and when the party have resolved the entire dispute amongst themselves.

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The present FIR has been lodged mainly with regard to the personal disputes. All the disputes between the parties have been amicably settled, therefore, in view of the above legal positions and to secure the ends of justice, this petition is allowed and the said FIR is hereby quashed.

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(SATISH KUMAR SHARMA),J

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SAHIL SONI /96

Mukesh Kumar Choudhary and Ors. v. State of Rajasthan and Anr.

Case brief

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Mukesh Kumar Choudhary and Ors. v. State of Rajasthan and Anr.

Case brief

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