Allowed

Mohan Singh Khichi v. State of Rajasthan

Rajasthan HC24 Aug 2022CRLMP/5045/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a criminal miscellaneous petition seeking quashment of an FIR under sections 34, 341, 323, 452, 427 and 379 IPC. The court quashed the FIR based on a verified compromise between parties entered without coercion, guided by Supreme Court precedents, ensuring peace and harmony.

What did the court decide?

FIR No.202/2021 registered at P.S. Karwar, Jodhpur was quashed and the stay application was disposed of.

Mohan Singh Khichi Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 5045/2022

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Mohan Singh Khichi S/o Sh. Om Singh, Aged About 38 Years, B/c Rajput, R/o Lordi Pandit Ji, P.s. Karwad, District Jodhpur.

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Jethu Singh S/o Sh. Sagat Singh, Aged About 34 Years, B/c Rajput, R/o Devliya, P.s. Banar, District Jodhpur.

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Prem Singh S/o Sh. Dalpat Singh, Aged About 28 Years, B/c Rajput, R/o Devliya, Ps. Karwad, District Jodhpur.

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Sumer Singh S/o Sh. Mod Singh, Aged About 22 Years, B/ c Rajput, R/o Devliya, P.s. Banar, District Jodhpur.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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Hukam Singh S/o Sh. Chandra Singh, Aged About 24 Years, B/c Rajput, R/o Village Sai, Tehsil Shergarh, District Jodhpur, Presently R/o 40 Dukan Desuriya Kharalan, Nagour Road, P.s. Karwad, Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Bhawani Singh For Respondent(s) : Mr. S.K. Bhati, PP Mr. Rajendra Singh Rathore for Mr. G.S. Bhati

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JUSTICE DINESH MEHTA

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Order

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24/08/2022

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By way of this criminal misc. petition under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have sought quashment of FIR No.202/2021, P.S. Karwar, Jodhpur, registered against the petitioners for the offences under Sections 34, 341, 323, 452, 427 and 379 of the Indian Penal Code.

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(2 of 2)

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[CRLMP-5045/2022]

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Learned counsel for the petitioners submitted that during the course of investigation, the petitioners and the complainant have entered into compromise, which was produced before the Investigating officer pursuant to order dated 04.08.2022 and he has verified the factum of compromise.

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Learned Public Prosecutor accepted the factum of compromise and submitted that the same has been entered into without any fear or coercion.

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Learned counsel appearing for the complainant, while accepting the factum of compromise, submitted that the complainant would have no objection if the FIR in question is quashed.

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In view of the aforesaid and considering that the incident took place out of sudden anguish and anger and in order to maintain peace and harmony between the parties, and being guided by the principle of law laid down by Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anrreported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [ AIR 1992 SC 604 ] , this Court deems it appropriate to quash the FIR in question.

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In view of the above, this criminal misc. petition is allowed and the FIR No.202/2021, registered at P.S. Karwar, Jodhpur is quashed. Consequence to follow.

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The stay application also stands disposed of accordingly.

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(DINESH MEHTA),J

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78-skm/-

Mohan Singh Khichi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mohan Singh Khichi v. State of Rajasthan

Case brief

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