Rajasthan High Court - Jodhpur
Smt Leela Devi vs State on 19 November, 2020
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2921/2020
1. Smt Leela Devi W/o Shri Onkar Ji Gurjar, Aged About 60
Years, By Caste Gurjar, R/o Nathuwas, Tehsil Nathdwara,
District Rajsamand.
2. Onkar Gurjar S/o Shri Amba Lal Ji Gurjar, Aged About 65
Years, By Caste Gurjar, R/o Nathuwas, Tehsil Nathdwara,
District Rajsamand.
3. Arvind S/o Shri Onkar Ji Gurjar, Aged About 34 Years, By
Caste Gurjar, R/o Nathuwas, Tehsil Nathdwara, District
Rajsamand.
4. Durgesh @ Durga Shankar S/o Shri Puran Mal Ji Prajapat,
Aged About 35 Years, By Caste Prajapat, R/o Village
Uthanol, Tehsil Nathdwara, District Rajsamand.
5. Chandra Shekhar Verma @ Chandu S/o Shri Hari Shankar
Ji Verma, Aged About 40 Years, By Caste Verma, R/o
Nathuwas, Tehsil Nathdwara, District Rajsamand.
----Petitioners
Versus
1. State, Through P.p.
2. Manohar Lal S/o Shri Kewal Ram Ji, By Caste Bheel, R/o
Nathuwas, Police Station Nathdwara, District Rajsamand.
3. Tulsi Ram S/o Shri Kewal Ram Ji, By Caste Bheel, R/o
Nathuwas, Police Station Nathdwara, District Rajsamand.
4. Kalu Lal S/o Shri Kewal Ram Ji, By Caste Bheel, R/o
Nathuwas, Police Station Nathdwara, District Rajsamand.
5. Smt. Nani D/o Shri Kewal Ram Ji, By Caste Bheel, R/o
Nathuwas, Police Station Nathdwara, District Rajsamand.
6. Smt. Bhuri D/o Shri Kewal Ram Ji, By Caste Bheel, R/o
Nathuwas, Police Station Nathdwara, District Rajsamand.
7. Smt. Nandu D/o Shri Kewal Ram Ji, By Caste Bheel, R/o
Nathuwas, Police Station Nathdwara, District Rajsamand.
----Respondents
For Petitioner(s) : Mr. Ranjeet Singh
For Respondent(s) : Ms. Rajlaxmi Singh Choudhary, PP
Mr. Naresh Khatri, for respondents
No.2 to 7
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(2 of 3) [CRLMP-2921/2020]
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 19/11/2020 The instant criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing of FIR No.277/2020 registered at Police Station Nathdwara, District Rajsamand for offence under Sections 447, 442 read with Section 34 IPC and Sections 3(1) (S), 3 (1) (f), 3(1)(r), 3(2)(va) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Amended 2015) as parties have arrived at compromise.
Counsel for the petitioners submits that the matter has already been compromised between the parties and it is borne out from the compromise that complainant is not inclined to proceed further in the matter. Counsel has placed reliance on a decision of Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303]. In these circumstances, the impugned FIR and all consequential proceedings may be quashed on the basis of compromise.
Counsel for the respondents No.2 to 7 concurs the fact of compromise.
In view of compromise arrived at between the parties and applying the ratio in decision of Gian Singh (Supra), I deem it just and proper to invoke inherent powers of this Court under Section 482 Cr.P.C.
Accordingly, the present misc. petition is allowed and the FIR No.277/2020 registered at Police Station Nathdwara, District Rajsamand and all consequential proceedings for offence under Sections 447, 442 read with Section 34 IPC and Sections 3(1) (S), 3 (Downloaded on 19/11/2020 at 08:35:57 PM) (3 of 3) [CRLMP-2921/2020] (1) (f), 3(1)(r), 3(2) (va) of Scheduled Caste/ Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Amended 2015) lodged against the petitioners is hereby quashed on the basis of compromise deed. Stay petition is also decided accordingly.
(MANOJ KUMAR GARG),J 102-Ishan/-
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