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2012 DIGILAW 2350 (RAJ)

Habib v. State of Rajasthan

2012-12-20

PRASHANT KUMAR AGARWAL

body2012
JUDGMENT 1. - Heard learned counsel for the parties. 2. By way of this criminal misc. petition under Section 482 Criminal Procedure Code the accused-petitioners have come to this Court with a prayer to quash the proceedings in respect of F.I.R. No. 89/2012 registered at Police Station Datwas, District Tonk for the offences punishable under Sections 143, 452, 323 and 307 I.P.C mainly ort the ground that they have amicably entered into compromise and settled their dispute and now no dispute remains between them. 3. It was submitted by the learned counsel for the parties that due to some misunderstanding the respondent lodged the report, but now the parties have entered into compromise and amicably settled their dispute. It was further submitted that the dispute is between private parties and the case is wholly covered by the principle of law recently laid down by a Larger Bench of Hon'ble Supreme Court in the case of Gian Singh v. State of Punjab and Anr., SLR (Cr.) No. 8989/2010 and others, decided on 24.9.2012 and the recent law laid down of Hon'ble Supreme Court in the case of Dimpey Gujral v. Union Territory through Administrator, U.T. Chandigarh and Ors., Transfer Petition (Criminal) No. 115/2012, decided on 6.12.2012 , the F.I.R. is liable to be quashed on the ground of compromise arrived between the parties although the aforesaid offences are not compoundable. 4. On consideration of submissions made on behalf of the respective parties and the material made available on record, I find that the instant case is covered by the principle of law recently laid down by a Larger Bench of the Hon'ble Supreme Court in the case of Ginn Singh (supra) and by the judgment in the case of Dimpey Gujral (Supra). 5. In view of the above, this criminal misc. petition is allowed and the proceedings in respect of F.I.R. No. 89/2012 registered at Police Station Datwas, District Tonk are quashed and set aside and as a consequence thereof the accused-petitioners are acquitted for the offences punishable under Sections 143, 452, 323 and 307 Indian Penal Code and the accused-petitioners No. 7 and 8 who are presently confined in District Jail Tonk, shall be released forthwith.Petition allowed. *******