The High Court dismissed a petition seeking quashing of an FIR alleging assault under Sections 341, 323, and 34 IPC, ruling that no sufficient grounds existed under the legal standard provided by the Supreme Court to quash the proceedings.
Petition under Section 482 Cr.P.C. for quashing of FIR No.35/2023 is dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3300/2023
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. K.S. Rajawat with Mr. Meghraj Meena for Mr. Rajendra Singh Tanwar For Respondent(s) : Mr. Riyasat Ali, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
27/07/2023
The instant petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.35/2023 registered at Police Station Dattawas, Distt. Tonk for the offence under Sections 341, 323 &34 IPC.
It is submitted by learned counsel for the petitioner that the petitioners have falsely been implicated in this case. They have nothing to do with the alleged offences. Learned counsel submits that two FIRs have been lodged for the same incident. The earlier FIR No.10/2023 got registered at Police Station Dattawas, Distt. Tonk in which both the parties settled the matter by mutual
[CRLMP-3300/2023]
(2 of 2)
compromise and the said FIR was quashed by a co-ordinate bench of this Court vide order dated 16.03.2023. He further submits that all the allegations levelled in the another FIR No.35/2023, Police Station Dattawas, are false and baseless. In view of all the facts and circumstances of the case, the present FIR and all the consequential proceedings deserve to be quashed and set aside.
Learned Public Prosecutor submits that both the incidents are completely different from each other. The FIR No.35/2023 got registered at Police Station Dattawas on 28.02.2023 in which direct allegations of assaulting the victim- Kailash, have been levelled against the present petitioners. When this FIR was registered, at that time, the victim- Kailash was hospitalized. In this situation, quashing the FIR will not be justifiable at all.
Looking to the overall facts and circumstances of the case more particularly the FIR and other material available on record and in the light of the judgment passed by Hon’ble the Supreme Court in the case of State of Haryana & Ors. v. Bhajan Lal & Ors. [(1992) AIR SC 604], no such ground has been established so that the proceedings in question can be quashed. As a result, there are no sufficient and valid reasons to quash the First Information Report of the case and all other proceedings in pursuance thereof.
Accordingly, the instant criminal miscellaneous petition filed under Section 482 Cr.P.C. is dismissed being devoid of merits.
(VINOD KUMAR BHARWANI),J
SAHIL SONI /426
1 issue framed by the court
Whether the criminal proceedings in FIR No.35/2023 can be quashed on the ground of false implication and existence of a prior settled FIR.
Colour shows how this judgement treated each authority
State of Haryana v. Bhajan LalReferred¶20
State of Haryana & Ors. v. Bhajan Lal & Ors. [(1992) AIR SC 604] · Who else cites this
1 provisions across 1 enactments
Suraj Meena and Lekhraj Meena
State Of Rajasthan
Hiralal Meena
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
