Rajasthan High Court - Jodhpur
Atma Ram & Anr vs State Of Rajasthan & Anr on 6 February, 2018
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 117 / 2018
1. Atma Ram S/o Shri Bajrang Lal, Bhambho Wali Dhani, Tehsil
and District Hanumangarh (Raj.).
2. Mahaveer @ Balveer Sharma S/o Shri Bajrang Lal, Bhambho
Wali Dhani, Tehsil and District Hanumangarh (Raj.).
----Petitioners
Versus
1. State of Rajasthan
2. Amar Kumar S/o Shri Atma Ram, By Caste Jat, R/o Ward
No.16-865, West Patel Nagar, Malot, Tehsil and District Malot
(Punjab).
----Respondents
_____________________________________________________
For Petitioner(s) : Mr.H.S.Sidhu.
For Respondent(s) : Mr.J.P.Bhardwaj, P.P., Mr.V.S.Bhadu.
_____________________________________________________
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order 06/02/2018 The instant misc. petition has been filed by the petitioners seeking quashing of FIR No.133/2017 registered at the Police Station Rajiyasar, District Sriganganagar for the offences under Sections 147, 148, 149, 452, 323, 307, 504 IPC and Sections 25 and 27 of the Arms Act.
Both the learned counsel representing the petitioners and the complainant submit that the parties have decided to settle their disputes and arrived at a compromise in the matter and thus, the impugned FIR should be quashed.
(2 of 2) [CRLMP-117/2018] Learned Public Prosecutor has submitted a factual report dated 4.2.2018 as per which the factum of compromise arrived at between the parties has been verified by the Investigating Officer.
A perusal of the case diary indicates that the injured Amar Kumar received four simple blunt weapon injuries on his hands and legs whereas, the other two persons refused to undergo medical examination. The dispute appears to have arisen over claims of possession on land owned by the complainant and has now been mutually settled between the parties.
In this view of the matter and looking to the guidelines issued by the Hon'ble Apex Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in JT 2012(9) SC-426, it is apparent that allowing continuance of proceedings of impugned FIR against the petitioners any further would not be expedient in the interest of justice. If the proceedings of the impugned FIR are allowed to continue, it may result into the compromise being unsettled.
Accordingly, the misc. petition is allowed. The FIR No.133/2017 registered at the Police Station Rajiyasar, District Sriganganagar and all subsequent proceedings sought to be taken thereunder against the petitioners, is quashed. Stay petition is also disposed of.
(SANDEEP MEHTA), J.
/tarun goyal/