Allowed

Lokesh Kumar Meena S/O Shri Ghanshyam Prasad Meena, v. State of Rajasthan

Rajasthan HC23 Aug 2024CRLMP/7528/2023

Case brief

AI extract

What is this about?

The court quashed two FIRs registered for offences of wrongful restraint, criminal intimidation, criminal breach of peace and criminal trespass after finding that a compromise had been arrived at between the parties. The decision was based on the presence of the complainant, his affidavit of settlement, and the principle of justice enunciated in Supreme Court precedents.

What did the court decide?

FIR No.92/2024 and FIR No.268/2023 registered at Police Station Kotkhawada, Jaipur City (South) qua the petitioners were quashed.

Lokesh Kumar Meena S/O Shri Ghanshyam Prasad Meena, Vs… — Quashing and FIR | Rajasthan HC (2024)

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[2024:RJ-JP:35736]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 4387/2024

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Ramkishan Meena S/o Shri Gangsahay Meena, Aged About 21 Years, R/o Balmukandrapura Urf Basada, Ajairaj@ Dehlala Chaksu Jaipur Rajasthan.

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Gangsahay Meena S/o Mahavev Meena, Aged About 54 Years, R/o Balmukandrapura Urf Basada, Ajairaj@ Dehlala Chaksu Jaipur Rajasthan.

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Dilraj Meena S/o Shri Gangsahay Meena, Aged About 20 Years, R/o Balmukandrapura Urf Basada, Ajairaj@ Dehlala Chaksu Jaipur Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through Its Public Prosecutor.

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Ramjilal Meena S/o Shri Ramgopal Meena, Aged About 55 Years, R/o Keshavpura, P.s. Kotkhawda, Jaipur City South, Rajasthan.

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Chandra Prakash Meena S/o Shri Ramjilal Meena, Aged About 31 Years, R/o Keshwapura, Jhapda Kalan, Jaipur, Rajasthan.

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----Respondents

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Connected With

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S.B. Criminal Miscellaneous (Petition) No. 7528/2023

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Lokesh Kumar Meena S/o Shri Ghanshyam Prasad Meena, Aged About 24 Years, R/o Ratanpura, Lalsot, District Dausa, Rajasthan.

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Chandra Prakash Meena S/o Shri Ramjilal Meena, Aged About 31 Years, R/o Keshwapura, Jhapda Kalan, Jaipur, Rajasthan.

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Birbal Meena S/o Shri Arjun Lal Meena, Aged About 27 Years, R/o Jhapda, District Dausa, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through Its Public Prosecutor.

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Ramkishan Meena S/o Shri Ganga Sahay Meena, R/o Pipali Wali Dhani, Balmukandpura Urf Basda, Kotkhawda, Jaipur, Rajasthan.

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[2024:RJ-JP:35736] (2 of 4)

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[CRLMP-4387/2024]

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Raju Lal Mena S/o Shri Raghuveer Meena, R/o Ward No. 7, Village Badmurlipura, Tehsil Kotkhawda, District Jaipur, Rajasthan.

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		----Respondents
For Petitioner(s)	: Mr. Pradeep Sharma
For Respondent(s)	: Mr. Jai Prakash Tiwari, Mr. Atar Singh	Dy. G A

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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23/08/2024

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S.B. Criminal Miscellaneous (Petition) No. 4387/2024

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This criminal miscellaneous petition has been filed by the petitioners under Section 528 BNSS for quashing FIR No.92/2024 registered at Police Station Kotkhawada, Jaipur City (South) for the offence under Sections 308, 341, 323, 143, 327 and 382 IPC qua the petitioners.

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Learned counsel for the petitioners as well as learned counsel for the complainant submitted that a compromise has been arrived between the parties and they have settled their dispute. The complainant submitted an affidavit to this effect.

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Learned Public Prosecutor has opposed the arguments.

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The complainant is present in the Court today and his signature has been obtained on the court's order sheet. He has been duly identified by his respective Advocate.

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Heard learned counsel for both the parties and perused the record.

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A perusal of the material on record shows that the dispute between the parties has amicably been settled by them. In view of

[2024:RJ-JP:35736]

[CRLMP-4387/2024]

(3 of 4)

compromise and the law laid down by the Hon’ble Apex Court in cases of Gian Singh Vs. State of Punjab (2012) 10 SCC 2023 and Narinder Singh Vs. State of Punjab (2014) 6 SCC466, this Court deems it just and proper to quash the FIR in question qua the petitioners.

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Resultantly, this criminal miscellaneous petition is allowed. The FIR No.92/2024 registered at Police Station Kotkhawada, Jaipur City (South) for the offence under Sections 308, 341, 323, 143, 327 and 382 IPC qua the petitioners is hereby quashed.

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

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S.B. Criminal Miscellaneous (Petition) No. 7528/2023

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This criminal miscellaneous petition has been filed by the petitioners under Section 482 CrPC for quashing FIR No.268/2023 registered at Police Station Kotkhawada, Jaipur City (South) for the offence under Sections 143, 323, 341, 365 and 382 IPC qua the petitioners.

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Learned Public Prosecutor has opposed the arguments.

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The complainant is present in the Court today and his signature has been obtained on the court's order sheet. He has been duly identified by his respective Advocate.

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Heard learned counsel for both the parties and perused the record.

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A perusal of the material on record shows that the dispute between the parties has amicably been settled by them. In view of

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[2024:RJ-JP:35736] (4 of 4)

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[CRLMP-4387/2024]

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Resultantly, this criminal miscellaneous petition is allowed. The FIR No.268/2023 registered at Police Station Kotkhawada, Jaipur City (South) for the offence under Sections 143, 323, 341, 365 and 382 IPC qua the petitioners is hereby quashed.

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

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(NARENDRA SINGH DHADDHA),J

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Tahir/440-441

Lokesh Kumar Meena S/O Shri Ghanshyam Prasad Meena, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Lokesh Kumar Meena S/O Shri Ghanshyam Prasad Meena, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Cases cited

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