Dismissed

Subhash Son of Ramotar v. State of Rajasthan

Rajasthan HC15 Oct 2024CRLMP/6362/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan rejected a petition seeking quashing of an FIR and charge sheet based on alleged compromise. The court held that offences involving grievous injuries made with a kulhadi on vital parts and with intent to cause death fall outside the scope of compromise under Gian Singh.

What did the court decide?

Petition for quashing of FIR and consequential proceedings is dismissed; no interference warranted.

Subhash Son of Ramotar Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2024)

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[2024:RJ-JP:43259]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 6362/2024

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Subhash Son Of Ramotar, Resident Of Shekhawas P.s. Mundawar Bhiwadi, Rajasthan

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Sudesh Wife Of Subhash, Resident Of Shekhawas P.s. Mundawar Bhiwadi, Rajasthan

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Krishana Wife Of Suresh, Resident Of Luhadhera, Tijara, Bhiwadi, Alwar, Rajasthan

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Sumit Son Of Satyendra, Resident Of Luhadhera, Tijara, Bhiwadi, Alwar, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p.

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Anil Son Of Ramniwas, Resident Of Shekhawas P.s. Mundawar Bhiwadi, Rajasthan

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Ramniwas Son Of Ganpat Ram, Resident Of Shekhawas P.s. Mundawar Bhiwadi, Rajasthan

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----Respondents

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For Petitioner(s) : None For Respondent(s) : Mr. M. S. Shekhawat, PP with Mr. Praveen Kumar, SI, PS Mundawar Khartal Mr. Mohit Balwada for Complainant

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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15/10/2024

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Today when the matter was called, even in the second round, none has marked presence on behalf of the petitioner.

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Upon a perusal of the file, it is noted that on account of the compromise, the present petition is filed for quashing of the FIR no. 169/2020 dated 09.06.2020 for offences under sections 143, 323, 341 of IPC and the consequential proceedings arising

[2024:RJ-JP:43259]

[CRLMP-6362/2024]

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therefrom. Howsoever, after investigation concerned police authorities, filed a charge-sheet against the accused-petitioner for offences under sections 323, 324, 325, 341, 307 of IPC.

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Upon perusal of the erstwhile order-sheets and upon hearing the Investigating Officer, in the second round of hearing, the following facts emerged:

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3.1 That in the instant matter allegations are leveled qua offence under section 307 of IPC and allied provisions.

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3.2 That injuries inflicted upon the victim are grievous and life threatening in nature i.e. the injuries are made by a kulhadi on a vital part of body .

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3.3 That a number of persons named in the FIR are absconding.

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Considering the facts and circumstances of the case; nonpresence of the petitioner/learned counsel for the petitioner; nature of allegations involved; the submissions made by the Investigating Officer, this Court is of the view that the instant dispute falls out of the ambit qua which compromise can be affirmed/acknowledged by the Court, as per the ratio encapsulated in Gian Singh Vs. the State of Punjab (2012) 10 SCC 303. Therefore, no interference is warranted herein.

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Accordingly, present petition is disposed of. Pending application(s) if any, also stand disposed of.

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(SAMEER JAIN),J

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Pooja /165

Subhash Son of Ramotar v. State of Rajasthan

Case brief

What is this about?

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Subhash Son of Ramotar v. State of Rajasthan

Case brief

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