Allowed

Harshal Kumawat v. State of Rajasthan

Rajasthan HC3 Jul 2024CRLMP/2710/2024

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. sought quashing of an FIR for unlawful assembly, wrongful restraint and assault following a compromise between parties. The Public Prosecutor raised no objection; noting a coordinate bench had already quashed the FIR qua co-accused on the same compromise, the court allowed the petition and quashed the FIR and proceedings.

What did the court decide?

FIR No.0097/2024 and all proceedings therefrom quashed qua petitioners; pending applications disposed of.

Harshal Kumawat Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2024)

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[2024:RJ-JD:26861]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 2710/2024

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Harshal Kumawat S/o Prakash Kumawat, Aged About 21 Years, R/o Fouz Mohalla, Nathdwara, Dist. Rajsamand.

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Kapil Kumar Kumawat S/o Nand Lal Kumawat, Aged About 39 Years, R/o Fouz Mohalla, Nathdwara, Dist. Rajsamand.

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Shubham Kumawat S/o Prakash Chandra, Aged About 29 Years, R/o Lal Bagh Road, Fouz Mohalla, Nathdwara, Dist. Rajsamand.

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Mayank Kumawat S/o Nand Lal Kumawat, Aged About 35 Years, R/o Ward No. 20, Fouz Mohalla, Nathdwara, Dist. Rajsamand.

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Deepak Kumawat S/o Ramnarayan Kumawat, Aged About 32 Years, R/o Fouz Mohalla, Nathdwara, Dist. Rajsamand.

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Prakash Chandra Kumawat S/o Lakshmi Lal Kumawat, Aged About 68 Years, R/o Lal Bagh Road, Fouz Mohalla, Nathdwara, Dist. Rajsamand.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp 2. Shakti Choudhary S/o Laxman Singh, R/o Ravto Ka Darvaja, Shrinathji Mandir, Nathdwara, Dist. Rajsamand.

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----Respondents

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For Petitioner(s)	: Mr. Rajendra Singh Chouhan
For Respondent(s)	: Mr. Vikram Sharma, P.P.
	Mr. Aditya Singh Rathore

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HON'BLE MR. JUSTICE ARUN MONGA

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Order

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03/07/2024

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Instant petition under Section 482 Cr.P.C. has been filed by the petitioner seeking quashing of FIR No.0097/2024 dated 03.04.2024 registered at Police Station Shrinathji Mandir,

[2024:RJ-JD:26861]

[CRLMP-2710/2024]

(2 of 3)

Rajsamand under Sections 143, 341, and 323 IPC on the basis of compromise arrived at between the parties.

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On a Court query, learned Public Prosecutor also does not object to the quashing of the proceedings. 3. In support of the genuineness of the compromise, learned counsel for the petitioner relies on order dated 03.05.2024 passed in S.B. Criminal Misc. Petition No.2703/2024 decided by a Coordinate Bench of this Court. On the same very compromise, FIR qua the other co-accused in that petition was quashed. 4. In view of the compromise which has been arrived without any coercion or duress, no useful purpose would be served to continue with the trial proceedings as the same are going to be futile in nature, resulting in acquittal of the petitioners. 5. This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated 29.09.2021 of the Hon’ble Supreme Court in case titled “ Ramgopal & Anr. v. The State of Madbhya Pradesh : Criminal Appeal No.1489/2012 and a Full Bench decision of this Court in “ Kulwinder Singh & Ors. V. State of Punjab & Ors. : 2007 (3) RCR (Criminal) 1052.

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In the premise it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings qua the petitioners initiated pursuant impugned FIR. 7. Petition is thus allowed. FIR No.0097/2024 dated 03.04.2024 registered at Police Station Shrinathji Mandir, Rajsamand under Sections 143, 341, and 323 IPC, is quashed on

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(3 of 3) [CRLMP-2710/2024]

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[2024:RJ-JD:26861]

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the basis of compromise between the parties and all proceedings emanating therefrom qua the petitioners stand quashed.

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Pending application(s), if any, shall also stand(s) disposed of.

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(ARUN MONGA),J

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291-AnilKC/-

Harshal Kumawat v. State of Rajasthan

Case brief

What is this about?

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Harshal Kumawat v. State of Rajasthan

Case brief

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