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2015 DIGILAW 2096 (RAJ)

Rahul Bhati : Rajesh Borana v. State of Rajasthan Anr. : State of Rajasthan Anr.

2015-12-16

SANDEEP MEHTA

body2015
JUDGMENT 1. - The instant misc. petitions have been preferred by the petitioners seeking quashing of FIR No. 84/2013 registered at Police Station Shastri Nagar, Jodhpur for the offences under Sections 143, 353, 332 and 379 IPC and Section 3(x) of SC/ST (Prevention of Atrocities) Act and Section 3 of PDPP Act on the ground of the compromise entered into between the parties. 2. Learned counsel for the parties submit that the matter, which is essentially in the nature of a civil dispute arising out of rival claims over property, has been compromised between the parties. They thus submit that the proceedings should be quashed on the strength of the said compromise. 3. Learned Public Prosecutor has today submitted the Investigating Officer's factual report as per which the factum of compromise arrived at between the parties has been verified. 4. In this view of the matter and looking to the guidelines issued by the Hon'ble Apex Court in the case of Gian Singh v. State of Punjab & Anr. reported in JT 2012 (9) SC 426 , it is apparent that further continuance of the impugned FIR and investigation thereof against the petitioners cannot be said to be expedient in the interest of justice. If the proceedings of the FIR impugned are allowed to continue, it may result into the compromise being unsettled. 5. Accordingly, the misc. petitions are allowed and the FIR No. 84/2013 registered at Police Station Shastri Nagar, Jodhpur and all proceedings undertaken in pursuance thereto are hereby quashed.Stay petitions are also disposed of. *******