Allowed

Sohan Singh v. State of Rajasthan

Rajasthan HC17 Jan 2024CRLMP/136/2024

Case brief

AI extract

What is this about?

This single judge order allowed a criminal miscellaneous petition under Section 482 Cr.P.C. and quashed proceedings involving IPC and SC/ST Act offences due to a verified inter-se compromise between the petitioners and respondents, applying the Gian Singh precedent.

What did the court decide?

The entire proceedings in connection with First Information Report No.47/2019 and all consequential proceedings, qua the petitioners, are quashed.

Sohan Singh Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2024)

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(1 of 3) [CRLMP-136/2024]

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[2024:RJ-JD:2768]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 136/2024

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Sohan Singh S/o Shri Ugam Singh, Aged About 32 Years, R/o Ramdev Nagar Padiyal P.s. Bhojasar, Dist. Jodhpur.

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Pep Singh S/o Shri Hari Singh, Aged About 39 Years, R/o Padiyal, P.s. Bhojasar, Dist. Jodhpur.

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Maan Singh S/o Shri Hari Singh, Aged About 33 Years, R/ o Padiyal, P.s. Bhojasar, Dist. Jodhpur.

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Raghuveer Singh S/o Shri Hari Singh, Aged About 31 Years, R/o Padiyal, P.s. Bhojasar, Dist. Jodhpur.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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Sawai Ram S/o Shri Haru Ram Dholi, R/o Padiyal, P.s. Bhojasar, Dist. Jodhpur.

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Gopal Singh S/o Shri Fateh Singh, R/o Padiyal, P.s. Bhojasar, Dist. Jodhpur.

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Bhawani Singh S/o Fateh Singh, R/o Padiyal, P.s. Bhojasar, Dist. Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Deepak Bishnoi For Respondent(s) : Mr. Vikram Sharma, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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17/01/2024

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The instant criminal miscellaneous petition has been filed under Section 482 of the Cr.P.C. seeking quashing of criminal proceedings arising out of First Information Report No.47/2019 registered at the Police Station Bhojasar, District Jodhpur Rural for

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(2 of 3) [CRLMP-136/2024]

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[2024:RJ-JD:2768]

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the offences under Sections 323, 341, 324 & 325/34 of the IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Act.

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It is submitted by counsel for the petitioners that the parties have settled their dispute by way of compromise. Learned counsel has relied upon the judgment passed by the Hon'ble Supreme Court in the matter of Gian Singh Vs. State of Punjab & Anr. reported in 2012(10) SCC 303 and prayed that the FIR pending against the petitioners be quashed in view of the compromise between the parties.

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Learned Public Prosecutor has opposed the petition.

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The parties have arrived at a compromise and they jointly filed the compromise deed before the learned trial court and they also accepted the same by appearing before the trial court. The learned trial court verified the compromise only to the extent of offences under Sections 341, 323 and 325/34 of the IPC and not for the offence under Section 324 of the IPC and the offences under the SC/ST Act. The dispute is inter se between the parties and does not affect the society at large. They have decided to bury the hatchet and wish to live peacefully. Considering the facts and circumstances of the present case and the fact of compromise and also following the judgment passed by the Hon'ble Supreme Court in the matter of Gian Singh (supra), the instant criminal miscellaneous petition is allowed and the entire proceedings in

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(3 of 3) [CRLMP-136/2024]

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[2024:RJ-JD:2768]

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connection with the First Information Report mentioned above and all consequential proceedings, qua the petitioners, are hereby quashed.

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The stay application also stands disposed of.

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(FARJAND ALI),J

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218-Pramod/-

Sohan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sohan Singh v. State of Rajasthan

Case brief

What is this about?

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