Allowed

Mahendra Kumar S/O Shri Surendra Kumar, v. State of Rajasthan

Rajasthan HC19 Feb 2024CRLMP/689/2024

Case brief

AI extract

What is this about?

Accused sought quashing of an FIR for offences punishable under Sections 341, 323 and 506 IPC after entering into a compromise with the complainant during investigation. Relying on Gian Singh and Bhajan Lal, the court allowed the petition and quashed the FIR along with consequential proceedings.

What did the court decide?

FIR No.101/2023, PS Bandikui, District Dausa, and all consequential proceedings quashed and set aside.

Mahendra Kumar S/O Shri Surendra Kumar, Vs State of… — Quashing and FIR | Rajasthan HC (2024)

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[2024:RJ-JP:8575]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 689/2024

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Mahendra Kumar S/o Shri Surendra Kumar, Aged About 45 Years, Resident Of Ward No. 28, Hospital Road, PsBandikui, District Dausa, Rajasthan.

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Balwant Kumar Tank S/o Shri Laxmi Kumar Tank, Aged About 28 Years, Ward No. 23, Ps- Bandikui, District Dausa, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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Prakash Chand Sain S/o Late Shri Radheshyam Sain, Aged About 49 Years, Resident Of Pinky Kunj, Ward No. 22, Ps- Bandikui, District Dausa, Rajasthan.

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----Respondents

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For Petitioner(s)	: Mr. Clevans Cletus
For Respondent(s)	: Mr. Sanjeev Mahala, PP
	Mr. Ajay Singh

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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19/02/2024

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The petitioners and the complainant are present in person and have been duly identified by their respective counsel.

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By way of this criminal misc. petition under Section 482 of the Code of Criminal Procedure, the accused-petitioners have approached this Court with a prayer to quash the FIR No.101/2023 registered at Police Station Bandikui Dausa, District Dausa for the offences punishable under Sections 341, 323 and 506 of IPC along with all consequential proceedings arising out of it.

(2 of 2)

[2024:RJ-JP:8575]

[CRLMP-689/2024]

Learned counsel for the petitioners submits that during pendency of the investigation, the petitioners have entered into a compromise with the complainant.

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Learned Public Prosecutor and learned counsel for the complainant do not dispute the aforesaid factual position.

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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; 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 Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr-reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [ AIR 1992 SC 604 ], the aforesaid FIR is liable to be quashed in view of compromise arrived at between the parties.

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In view of the above, this criminal misc. petition is allowed and the FIR No.101/2023 registered at Police Station Bandikui Dausa, District Dausa along with all consequential proceedings arising out of it is quashed and set aside. Consequence to follow.

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The stay application also stands disposed of.

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(ANIL KUMAR UPMAN),J

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GAUTAM JAIN /416

Mahendra Kumar S/O Shri Surendra Kumar, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahendra Kumar S/O Shri Surendra Kumar, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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