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2018 DIGILAW 1614 (RAJ)

Raunak Jain v. State of Rajasthan

2018-08-01

KANWALJIT SINGH AHLUWALIA

body2018
JUDGMENT Kanwaljit Singh Ahluwalia, J. Instant petition has been preferred under Section 482 Cr.P.C. seeking quashing of impugned F.I.R. No. 95/2015 dated 01.04.2015 registered at Police Station Bagroo District Jaipur (West) for offences punishable under Sections 143, 341, 323, 325 and 308 I.P.C. 2. In the present case, quashing of F.I.R. has been sought on the basis of compromise. 3. The learned counsels appearing for the petitioners-accused and the complainant have vouchsafed the factum of compromise. 4. It is jointly submitted by ld. counsels appearing for the parties that in the alleged occurrence, Sualal, Rekha Devi, Gyarsi Devi, Shankar Singh and Amar Singh have received injuries. It is contended that offence under Section 308 I.P.C. has been invoked by the prosecution, qua the injuries suffered by Sualal. It is further contended that other accused have suffered simple and grievous injuries falling within the ambit of Section 323 and 325 I.P.C. Counsel submits that offences under Sections 323 and 325 I.P.C. are compoundable and the trial Court verified the compromise and vide order dated 27.07.2018 accepted the compromise, qua offence under Sections 341, 323, 323/149, 325 and 325/149 I.P.C. However, the compromise was rejected, qua offence under Sections 147, 148, 308/149 and 308 I.P.C. 5. The order dated 27.07.2018 passed by the trial Court reads as under:- ^^fnuakd %& 27-07-2018 fof'k"V yksd vfHk;kstd mifLFkrA vfHk;qDrx.k jkSud tSu] xqM~Mw mQZ jke/ku] lksgu] txnh'k o xksiky yky e; vf/koDrk mifLFkrA vfHk;ksxh o et:cku Øe'k% lqokyky] js[kk nsoh] vej flag] 'kadj flag o X;kjlh nsoh Hkh e; vf/koDrk mifLFkrA vfHk;ksxhx.k dh vksj ls Jh lqjs'k 'kekZ vf/koDrk }kjk odkyrukek is'k fd;k x;k] tks Lo;a Hkh mifLFkr gSA et:cku o vfHk;qDrx.k us jkthukek dh vuqefr ckcr izkFkZuk i= izLrqr fd;k] ftl ij lquk x;kA ckn lquokbZ jkthukek ;ksX; vijk/kksa esa jkthukek dh vuqefr iznku dh tkrh gSA ifjoknh@et:cku lqokyky] js[kk nsoh] X;kjlh nsoh] 'kadj flag o vej flag ,oa vfHk;qDrx.k us jkthukek izLrqr fd;kA et:cku dh igpku muds vf/koDrk }kjk dh x;h tcfd vfHk;qDrx.k ds vf/koDrk }kjk vfHk;qDrksa dh igpku dhA jkthukek nksuksa i{kksa dks i<+dj lquk;k] le>k;k x;k rks mUgksaus jkthukek LosPNk ls djuk o lgh gksuk Lohdkj fd;k] vr% jkthukek /kkjk 341] 323] 323@149] 325 o 325@149 HkkŒnaŒlaŒ ds vijk/kksa dh gn rd ckn tkap rLnhd fd;k tkrk gSA jkthukek 'kkfey i=koyh jgs rFkk c:, jkthukek vfHk;qDrx.k jkSud tSu] xqM~Mw mQZ jke/ku] lksgu] xksiky yky o txnh'k dks vijk/k /kkjk 341] 323] 323@149] 325] 325@149 HkkŒnaŒlaŒ ds vkjksiks ls nks"keqDr ?kksf"kr fd;k tkrk gSA vfHk;qDrx.k ds fo:) /kkjk 147] 148] 308@149 ;k 308 HkkŒnaŒlaŒ ds vkjksi 'ks"k jgrs gS] ftl lEcU/k esa fo}ku vfHkHkk"kd vfHk;qDrx.k us cgl vafre gsrq volj pkgkA i=koyh okLrs cgl vafre gsrq fnuakd 6-8-2018 dks is'k gksA** 6. Today, Sualal, Rekha Devi, Gyarsi Devi, Shankar Singh and Amar Singh are present in person before this Court. They have been identified by their Counsel Mr. Akash Agarwal. 7. Complainant-respondent No.2 Sualal, present in person, has stated that due to intervention of the respectables, elders of the family and the neighbourers, to promote everlasting peace, amity and harmony, dispute has been amicably resolved, and the injured and complainant no longer intend to pursue the impugned F.I.R. Complainant-respondent No.2 Sualal, present in person, has only suffered injury on the leg, which resulted into fracture of foot, qua which offence under Section 308 I.P.C. was added. 8. The learned counsels appearing for the respective parties have jointly prayed that since the dispute has been amicably resolved, the criminal case pending between the parties as well as impugned F.I.R. be quashed. 9. 8. The learned counsels appearing for the respective parties have jointly prayed that since the dispute has been amicably resolved, the criminal case pending between the parties as well as impugned F.I.R. be quashed. 9. I have heard the learned counsels appearing for the parties and perused the contents of the instant petitions. 10. It has been often held by the Courts that hour of the compromise is the finest hour between the parties and the Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. can quash the proceedings even qua non-compoundable offences. 11. Relying upon the case of Gian Singh Vs. State of Punjab & Another, (2012) 10 SCC 303 , learned counsel for the parties have pleaded that this Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. ought to quash the criminal proceedings, which have been amicably resolved. 12. Considering the fact that parties have amicably resolved their dispute, the principle established by the Apex Court in the case of Gian Singh and in the interest of justice, this Court, hereby, quashes impugned First Information Report No. 95/2015 dated 01.04.2015 registered at Police Station Bagroo District Jaipur (West) for offences punishable under Sections 143, 341, 323, 325 and 308 I.P.C. along with all subsequent proceedings. Resultantly, the petition is, hereby, allowed.