Allowed

Pooran Bharati v. State of Rajasthan

Rajasthan HC10 Nov 2022CRLMP/6310/2022

Case brief

AI extract

What is this about?

In this criminal miscellaneous petition, the High Court of Rajasthan quashed FIR No.204/2022 allegedly based on a compromise between the petitioners and the complainant, citing principles from guiding Supreme Court precedents to maintain peace regarding a scuffle between children.

What did the court decide?

FIR No.204/2022 is quashed, and the miscellaneous petition and stay petition are disposed of.

Pooran Bharati Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Criminal Misc(Pet.) No. 6310/2022

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Pooran Bharati S/o Harish Bharati, Aged About 19 Years, R/o Opposite Gyatri Mandir Ward No. 43 Ratanada Gali No. 3 Jodhpur.

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Virendra Bharati S/o Jethu Bharati, Aged About 46 Years, R/o Opposite Gyatri Mandir Ward No. 43 Ratanada Gali No. 3 Jodhpur.

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----Petitioners

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Versus

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State Of Rajasthan through Public Prosecutor.

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Lalit S/o Sohan Lal, R/o Gali No. 3 Gandhipura BJS Colony Mahamandir, Jodhpur.

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----Respondents

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For Petitioner(s) For Respondent(s)

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: Mr. Lalit Solanki : Mr. S.K. Bhati, Public Prosecutor

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JUSTICE DINESH MEHTA

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Order

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10/11/2022

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By way of the present petition filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioners have prayed for quashing of the FIR No.204/2022 registered at P.S. Ratanada, Jodhpur City East for the offences under Sections 323, 341, 427 & 143 of the Indian Penal Code qua the petitioners on the basis of compromise.

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On 28.09.2022, this Court had directed the parties to appear before the Investigating Officer on 01.10.2022 and the Investigating Officer was directed to verify the compromise and send his report.

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(2 of 2)

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[CRLMP-6310/2022]

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Mr. Lalit Solanki, learned counsel for the petitioners submits that the petitioners and the complainant have appeared before the Investigating Officer on 01.10.2022 along with the original compromise and the Investigating Officer has verified the same to have been executed between the parties without any coercion and duress.

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Mr. Bhati, learned Public Prosecutor, on the basis of the factual report dated 10.11.2022, accepts the factum of compromise having been entered into between the parties.

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Having regard to the facts and circumstances of the case and considering the fact that the scuffle took place out of sudden excitement and momentary anger due to children fighting with each other and to maintain peace and harmony, this Court deems it expedient in the interest of justice to quash the FIR being guided by the principles laid down by Hon’ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. [(2012)

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10 SCC 303] and State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [AIR 1992 SC 604].

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The impugned FIR No.204/2022, P.S. Ratanada, Jodhpur City East qua the petitioners is hereby quashed.

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Misc. petition stands disposed of accordingly.

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Stay petition also stands disposed of.

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(DINESH MEHTA),J

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210-Ramesh/-

Pooran Bharati v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pooran Bharati v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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