Quashed

Rajesh Kumar Sikaligar v. State of Rajasthan

Rajasthan HC13 Aug 2024CRLMP/268/2024

Case brief

AI extract

What is this about?

This High Court quashed an FIR registered under Sections 376 and 506 of IPC and all consequent proceedings on the ground of a genuine compromise between the petitioner and the prosecutrix, who had reconciled after a misunderstanding. The court invoked inherent powers under Section 482 Cr.P.C. to prevent undue hardship.

What did the court decide?

FIR No.703/2023 dated 16.12.2023 lodged at Police Station Surajpole, Udaipur for the offences under Sections 376 & 506 of IPC and all consequential proceedings against the petitioner are hereby quashe

Rajesh Kumar Sikaligar Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JD:33678]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 268/2024

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Rajesh Kumar Sikaligar S/o Raghunath Sikaligar, Aged About 48 Years, R/o Balaji Nagar, Tehsil Asind, Badnor District Bhilwara

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Tahira Bano W/o Mohammad Alfaiz, R/o Farooq Azam Colony, Kachi Basti Malla Talai, Surajpole Udaipur

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----Respondents

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For Petitioner(s) : Mr. R.S. Rawal. For Respondent(s) : Mr. Gaurav Singh, PP Mr. Saurabh Soni – R/2-complainant.

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HON'BLE MR. JUSTICE ARUN MONGA Order

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13/08/2024

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Quashing of an FIR No.703/2023 dated 16.12.2023 lodged at Police Station Surajpole, Udaipur for alleged offences under Sections 376 & 506 of IPC and all consequential proceedings, are sought herein on the basis of compromise arrived between the parties.

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Learned counsel for the petitioner submits that during pendency of the proceedings both the affected parties have arrived at compromise. The prosecutrix has also executed an affidavit dated 05.01.2024 to this effect.

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On Court query, learned counsel for the complainant (prosecutrix) states that petitioner and complainant were friends. Due to some discord, misunderstanding, which turned ugly and, in the heat of the moment, the allegation of the alleged offence under Section 376 IPC was leveled against the petitioner by the prosecutrix. Subsequently, she realized her mistake and is higly regretful. Both have reconciled their differences now. The

[2024:RJ-JD:33678]

[CRLMP-268/2024]

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complainant is, therefore, not inclined to press charges against the petitioner or proceed further in the matter so as to maintain mutual bonhomie and inter-se peace & harmony.

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Learned counsel places reliance on a decision of Supreme

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Court in the case of Gian Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303]. He urges that the impugned FIR and all consequential proceedings may be quashed on the basis of compromise.

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Learned Public Prosecutor and learned counsel for the complainant also concur with the fact of compromise and genuinity thereof. They jointly submit that in view of the compromise, they have no objection if the FIR in question and all consequential proceedings are quashed.

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In the premise, applying the ratio in decision of Gian Singh (Supra) , it is deemed just and proper to invoke inherent powers of this Court under Section 482 Cr.P.C. (corresponding Section 528 of BNS) to avoid undue hardship to the parties in a dispute, which is private in nature.

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Accordingly, the present misc. petition is allowed and the FIR No.703/2023 dated 16.12.2023 lodged at Police Station Surajpole, Udaipur for the offences under Sections 376 & 506 of IPC and all consequential proceedings against the petitioner are hereby quashed.

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All pending application(s), if any, stands disposed of.

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(ARUN MONGA),J

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6-Rmathur/-

Rajesh Kumar Sikaligar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Sikaligar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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