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Rajasthan High Court · body

2005 DIGILAW 1116 (RAJ)

Ram Gopal Purohit v. State of Rajasthan

2005-04-12

H.R.PANWAR

body2005
Judgment H.R. Panwar, J.-By the instant criminal misc. petition, the petitioners seek quashing of FIR No.464/2004 Police Station Shastri Nagar, Jodhpur. 2. A compromise jointly signed by complainant Jervad Michal and petitioners Ram Gopal Purohit and Smt. Sukirti Devi has been filed. The complainant has been identified by Mr. Anand Purohit and the petitioners by Mr. Sandeep Mehta, learned Counsel appearing for the parties. It has been stated in the compromise that the parties acted in the head of moment and passion. However, with the lapse of time and the cooling of emotions, rational thinking and better conscious prevailed and the parties realised the futility of the actions taken by them in haste. The parties have agreed and consented to burry the hatchet and not to pursue the respective cases/proceedings initiated amongst themselves in different forums. It has further been stated that parties declared that this compromise is arrived at without any threat, inducement, coercion or undue influence and by the consent which is voluntary and given in full consciousness. 3. Learned Counsel for the parties submit that since the parties have compromised the matter, therefore, no useful purpose would be served to continue the FIR and investigation thereunder. The alleged offences in the FIR are punishable under Sections 451, 341 and 323, IPC. All these offences are compoundable by the person in possession of the house trespassed upon and to whom wrongful restrained and hurt is caused. Thus, in the instant case, complainant non-petitioner No.2 is competent person to compound the offences which he has compounded. In view of the compromise between the parties, no useful purpose will be served to allow the investigation in above FIR case. To allow further investigation in said FIR would be futility and, therefore, I consider it just and proper to quash the FIR. 4. Consequently, the criminal misc. petition is allowed. The First Information Report No.464/2004 Police Station Shastri Nagar, Jodhpur and consequent investigation under the said FIR is hereby quashed. The stay application also stands disposed of .