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Bharat Kumar vs State on 20 February, 2020

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 686/2020

1. Bharat Kumar S/o Sh. Pitha Ram Mali, Aged About 35
Years, By Caste Mali, Resident Of Village Kharua, Nai
Morsem, Tehsil Bagoda, District Jalore Rajasthan.

2. Pitha Ram S/o Khumaram, Aged About 61 Years, By Caste
Mali, Resident Of Village Kharua, Nai Morsem, Tehsil
Bagoda, District Jalore Rajasthan.

3. Okhi Devi W/o Pitha Ram, Aged About 59 Years, By Caste
Mali, Resident Of Village Kharua, Nai Morsem, Tehsil
Bagoda, District Jalore Rajasthan.

—-Petitioners
Versus

1. State, Through Pp

2. Bhaira Ram S/o Pratap Ram Mali, Aged About 54 Years,
By Caste Mali, Resident Of Village Lakhani, Teh. Bagoda,
Dist. Jalore, Rajasthan.

3. Kamla Devi W/o Bharat Kumar Mali, Aged About 32 Years,
Resident Of B/16 Manmohan Park Society, Niko 1, Janata
Tolnaka, Ahmedabad City, Ahemdabad Gujrat.

—-Respondents

For Petitioner(s) : Mr. Navneet Punia
For Respondent(s) : Mr. Mahipal Bishnoi, P.P.

Ms.Priya Bishnoi.

HON’BLE MR. JUSTICE SANDEEP MEHTA

Order

20/02/2020

The instant misc. petition has been filed by the petitioner

seeking quashing of FIR No.13/2020 registered at the Police

Station Bagoda, District Jalore for the offences under Sections

498A, 406/34 and 323 IPC.

(Downloaded on 24/02/2020 at 08:49:37 PM)

(2 of 2) [CRLMP-686/2020]

Both the learned counsel representing the petitioners and

the complainant submit that the parties have decided to settle

their disputes and arrived at a compromise in the matter and have

filed a joint compromise application which has been duly verified

by the Registrar (Judl.), Rajasthan High Court, Jodhpur. They thus,

pray that the impugned FIR should be quashed.

In this view of the matter and looking to the guidelines

issued by the Hon’ble Apex Court in the case of Gian Singh Vs.

State of Punjab Anr. reported in JT 2012(9) SC-426, it is

apparent that allowing continuance of proceedings of impugned

FIR against the petitioners any further would not be expedient in

the interest of justice. If the proceedings of the impugned FIR are

allowed to continue, it may result into the compromise being

unsettled.

Accordingly, the misc. petition is allowed. The FIR

No.13/2020 registered at the Police Station Bagoda, District Jalore

for the offences under Sections 498A, 406/34 and 323 IPC and all

subsequent proceedings sought to be taken thereunder against

the petitioners, are quashed. Stay petition is disposed of.

(SANDEEP MEHTA),J

/tarun goyal/ Supp.1

(Downloaded on 24/02/2020 at 08:49:37 PM)

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