Allowed

Kapil Dev Son of Shri Shambhu Singh, v. State of Rajasthan

Rajasthan HC15 Sept 2023CRLMP/1324/2023

Case brief

AI extract

What is this about?

The petitioner, an accused, sought quashing of FIR No.994/2019 (offences of rash driving and causing hurt) under Section 482 Cr.P.C., alleging a mutual settlement. The trial court had compounded Sections 337/338 IPC but refused Section 279 IPC. Upholding the compromise, the High Court quashed the FIR and pending proceedings relying on Gian Singh and Bhajan Lal principles.

What did the court decide?

FIR No.994/2019 PS Jhotwara and consequential proceedings before MM No.4 Jaipur Metropolitan are quashed and set aside.

Kapil Dev Son of Shri Shambhu Singh, Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2023)

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[2023:RJ-JP:24024]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1324/2023

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Kapil Dev Son Of Shri Shambhu Singh, Aged About 32 Years, Resident Of 18-A, Green Park, Dadi Ka Phatak, Jhotwara, Jaipur.

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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Mohit Dalwani Son Of Shri Ghanshyam Dalwani, Resident Of Flat No. 104, Swastik Apartment-Ii, Sushilpura, P.s. Sodala, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Nirmal Kumar Goyal For Respondent(s) : Mr. Babu Lal Nasuna, PP Mr. Dharmendra Choudhary

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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15/09/2023

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By way of this criminal misc. petition under Section 482 Cr.P.C., the accused-petitioner has approached this Court with a prayer to quash the FIR No.994/2019 Police Station Jhotwara, District Jaipur (West) alongwith consequential proceedings pending before the learned Metropolitan Magistrate No.4, Jaipur Metropolitan for the offences punishable under Sections 279, 337 & 338 of IPC mainly on the ground that the parties have entered into compromise and amicably settled their dispute and now no dispute remains between them.

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The brief facts are that on the First Information Report lodged by the complainant – respondent, after investigation, charge-sheet for the aforesaid offences was filed against the

[2023:RJ-JP:24024]

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accused-petitioner and on that basis aforesaid criminal proceedings were initiated.

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During trial, both the parties filed an application under Section 320 of Cr.P.C. to permit compounding of the aforesaid offences.

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The trial Court partly allowed the application and permitted to compound the offence under Section 337 & 338 of IPC vide order dated 19.01.2023 but the prayer in respect of offences under Section 279 of IPC was refused, as the same is not compoundable.

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In these circumstances, the petitioner has approached this Court by way of this petition to quash the FIR and so also the aforesaid criminal proceedings pending before the trial Court on the ground that the parties have resolved their dispute.

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Learned counsel for the complainant, while accepting the factum of compromise, submits that the complainant has no objection if the proceedings pending against the petitioner are quashed.

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In view of the aforesaid and considering the submissions made on behalf of the respective parties; the material made available for my perusal, this Court feels that in order to establish harmony between the parties and give quietus to the litigation, it would be expedient that the impugned proceedings are quashed. 8. The present case is wholly covered by the principle of law laid down by the Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr-reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs.

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Choudhary Bhajan Lal & Ors. [ AIR 1992 SC 604 ] , the criminal proceedings are liable to be quashed in view of compromise arrived at between the parties although the offence is not compoundable.

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In view of the above, this criminal misc. petition is allowed and the FIR No.994/2019 Police Station Jhotwara, District Jaipur (West) alongwith consequential proceedings pending before the learned Metropolitan Magistrate No.4, Jaipur Metropolitan are quashed and set aside. Consequence to follow.

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The stay application also stands disposed of.

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(ANIL KUMAR UPMAN),J

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478-Nirmala

Kapil Dev Son of Shri Shambhu Singh, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kapil Dev Son of Shri Shambhu Singh, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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