Allowed

Rakesh Kumar S/O Vijay Pal Singh, v. State of Rajasthan

Rajasthan HC25 Nov 2024CRLMP/6870/2024

Case brief

AI extract

What is this about?

The High Court quashed FIR No. 81/2024 registered for offences under Sections 279 and 304-A IPC after the petitioner and complainant reached a compromise. The court relied on Supreme Court principles and coordinate bench decisions.

What did the court decide?

FIR No.81/2024 registered at Police Station Tijara, District Bhiwadi is quashed and set aside.

Rakesh Kumar S/O Vijay Pal Singh, Vs State of… — Motor Accident Claims | Rajasthan HC (2024)

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[2024:RJ-JP:48257]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 6870/2024

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Rakesh Kumar S/o Vijay Pal Singh, Resident Of Village Thada District Khairthal Tijara ( Rajasthan).

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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Ashuthosh S/o Shri Krishan, Aged About 28 Years, Resident Of Village Ratangarh, Police Station Mohana, District Sonipat (Haryana).

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----Respondents

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For Petitioner	:	Mr. Prakash Chand Thakuriya, Adv. with Ms. Hema Tiwari, Adv. Mr. Rakesh Kumar (Petitioner present in person)
For Respondents	:	Mr. Jitendra Singh Rathore, PP Mr. Anil Kumar Jain, Adv. (for the complainant) Mr. Ashuthosh (complainant present in person)

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order

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25/11/2024

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By way of this criminal misc. petition under Section 528 of B.N.S.S., 2023 the accused-petitioner has approached this Court with a prayer to quash the FIR No.81/2024 registered at Police Station Tijara, District Bhiwadi for the offences punishable under Sections 279 & 304-A of the Indian Penal code.

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Both the parties are personally present before this Court and have been identified by their respective counsel.

[CRLMP-6870/2024]

[2024:RJ-JP:48257]

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Learned counsel for the petitioner submits that during pendency of the investigation, the petitioner has entered into a compromise with the complainant. Learned counsel for the petitioner has invited attention of this Court towards the judgment passed by the Coordinate Bench of this Court in S.B. Crl.M.P. No.1703/2024 titled as Abhishek Sharma Vs. State of Rajasthan & Anr. and the judgments passed by the High Court of Delhi in Crl.M.C.2167/2023 titled as Sunil Malhotra & Anr. Vs. the State NCT of Delhi & Anr. and in Crl.M.C.1290/2021 titled as Bhanwar Singh Vs. the State & Anr.

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Learned counsel for the complainant submits that the petitioner and the complainant have arrived at a compromise and in this regard, he has submitted an affidavit before this Court, which is taken on record. 5. Believing the statement given by learned counsel for the parties, this Court is proceeding to consider petitioner’s request for quashment of FIR in question.

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In view of the aforesaid and considering the submissions made on behalf of the respective parties; the material made available for my perusal; the offence alleged against the petitioner; the judgments relied upon by learned counsel for the petitioner and considering that the parties have resolved their dispute and also finding that the present case is wholly covered by the principle of law laid down by the Larger Bench of Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab &

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Anr-rep in 20 Cr.L.J. (SC) 4 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors.

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[2024:RJ-JP:48257]

[CRLMP-6870/2024]

[ AIR 1992 SC 604 ] , the aforesaid FIR is liable to be quashed in

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view of compromise arrived at between the parties.