HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3712/2018
1. Laxman Singh S/o Amar Singh , R/o Piprol, Police Station
Basedi, District Dholpur, Raj.
2. Hariom S/o Akhey Pal , R/o Piprol, Police Station Basedi,
District Dholpur, Raj.
3. Bajrang S/o Laxman , R/o Piprol, Police Station Basedi,
District Dholpur, Raj.
4. Kalla S/o Ramrachan , R/o Piprol, Police Station Basedi,
District Dholpur, Raj.
—-Petitioners
Versus
1. State Of Rajasthan Through P.p , Jaipur
2. Raju S/o Shiv Singh , R/o Piprol, Police Station Basedi,
District Dholpur, Raj.
—-Respondents
Connected With
S.B. Criminal Miscellaneous (Petition) No. 3711/2018
Manoj S/o Shiv Singh , R/o Piprol, Police Station Basedi, District
Dholpur, Raj.
—-Petitioner
Versus
State Of Rajasthan Through P.p , Jaipur
—-Respondent
For Petitioner(s) : Mr. Anil Upman
Mr. DK Garg
For Respondent(s) : Mr. Prakash Thakuriya PP
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
-/Order/-
06/08/2018
By this common order, SBCRLMP No. 3712/2018
preferred by Laxman Singh Others vs. State of Rajsthan and
(2 of 3) [CRLMP-3712/2018]
Raju; and SBCRLMP No. 3711/2018 instituted by Manoj and
Another vs. State of Rajasthan another, shall be decided
together.
In SBCRLMP No. 3712, quashing of FIR No. 160/2018
registered at Police Station Basedi, Dholpur for the offences under
Sections 143, 323, 341, 504, 336, 379, 506 and 354 IPC, is
prayed for. In SBCRLMP No. 3711/2018 quashing of FIR No.
166/2018 registered at same Police Station Basedi, Dholpur for
the offences under Sections 143, 323, 341 and 354 IPC, is prayed
for.
The learned counsel for the parties have jointly
submitted that the occurrence in both the FIRs pertain to morning
of 29.5.2018. It is contended that it is case of version and cross-
version. It is further contended that the petitioners and the
complainant are residents of same vicinity.
Quashing of both the FIRs between the parties has
been prayed for on the basis of compromise arrived between the
parties.
This Court on 10.7.2018 in both the petitions had
passed the following common order:-
“Learned counsel for the parties have contended that cross
cases have been registered and petitioners and the complainant
to both the cases are neighbours. Due to intervention of
respectables of the locality, a compromise has been affected
and the parties have amicably resolved their disputes.
In view of above, the trial court is directed to verify the factum
of compromise after recording statements of the accused-
petitioners, complainant-respondents, injured and victim in both
the cases. The trial court, after verifying the factum of
compromise, shall submit its report to this court on or before
31.07.2018.
List both the petitions on 06.08.2018.”
(3 of 3) [CRLMP-3712/2018]
In pursuance of the aforesaid order, the trial Judge had
submitted its report. The said report reads as under:-
“ekuuh; jktLFkku mPp U;k;ky; t;iqj ds vkns’k dh ikyuk esa
accused- petitioners y{e.kflag] gjhvkse ctjax] dYyk]
xqwM~Mq mQZ Hkjrflag ,oa Qfj;knh xokgku jktw mQZ jktdqekj] eukst]
Jherh rkjkorh] tlksnk] foeys’k ds c;ku ys[kc) fd;s x;sA leLr
xokgkus us vius c;kuksa esa jkthukesa gksus dk dFku fd;k gSA leLr
i{kdkjku~ us i`Fkd ls jkthukesa dk izkFkZuki is’k fd;kA lelr xokgku
ds c;kukas ,oa jkthukesa ds voyksdu ds i’pkr~ i{kdkjksa ds e/; jkthukesa
ds rF;ksa dks osjhQkbZ fd;k x;kA iyuk fjiksVZ Jheku th dh lsok esa
lknj izsf”kr gSA
In view of the verification of the compromise andconsidering that the offence under Section 354 IPC is not made
out, as in fight between the parties, it is not discernible that
parties had intention to outrage the modesty of woman.
The learned counsel for the parties have jointly relied
upon Gian Singh vs. State of Punjab Another, (2012) 10
SCC 303, to contend that that this Court under Section 482
Cr.P.C. can quash the proceedings to advance the interest of
justice.
After hearing the learned counsel for the parties, this
Court is of the view that the compromise is finest hour between
the parties and this Court ought to grant due sanctity to the
amicable resolution of dispute between the parties.
Consequently, taking totality of circumstances, and
ratio of law laid in the case of Gian Singh (supra), both the
petitions are accepted and the impugned FIRs along with all
subsequent proceedings are quashed.
(KANWALJIT SINGH AHLUWALIA),J
Mak/-
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