Rajasthan High Court - Jodhpur
Prabhu Dayal & Ors vs State & Anr on 3 October, 2016
Author: P.K. Lohra
Bench: P.K. Lohra
[1]
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
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CRIMINAL MISC.(PET.)(CRLMP) NO.2449 of 2016
1. Prabhu Dayal S/o Hanuman Ram, aged about 42
years, R/o Akkasar, Tehsil Kolayat, District
Bikaner. At present Sarpanch, Gram Panchayat,
Akkasar.
2. Gyan Kanwar W/o Vishal Singh, aged about 65
years, R/o Sujandesar (Aguna Bas), Near Ganga
Shahar, Tehsil & District Bikaner.
3. Vishal Singh S/o Gorakha Singh, aged about 75
years, R/o Sujandesar (Aguna Bas), Near Ganga
Shahar, Tehsil & District Bikaner.
....Petitioners
VERSUS
1. The State of Rajasthan.
2. Sohan Singh S/o Gorakha Singh, aged about 73
years, R/o Akkasar, Tehsil Kolayat, District
Bikaner.
...Respondents
Date of Order :: 03.10.2016
HON'BLE MR. P.K. LOHRA, J.
Mr.Muktesh Maheshwari, for the Petitioners.
Mr.V.S.Rajpurohit, Public Prosecutor for the State.
Mr.Sohan Singh, complainant, present in person, who is
identified by learned counsel for the petitioners.
ORDER
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[2]
BY THE COURT :
Petitioners have laid the instant petition under Section 482 Cr.P.C. for quashment of FIR No.23/2013 dated 23.02.2013, registered at Police Station Gajner, District Bikaner. In the impugned FIR, petitioners are charged for offences punishable under Sections 420, 467, 468, 471, 120B, 217, 218 and 219 IPC.
It is submitted by learned counsel for the petitioners that essentially, it was a dispute between siblings and the edifice of the entire dispute rested on issuance of Patta by Gram Panchayat in the name of Gyan Kanwar W/o Vishal Singh. The allegation of the complainant is that land in question remained in possession of their father and therefore the Patta ought to have been issued in the joint name of both the brothers i.e. Sohan Singh and Vishal Singh.
Be that as it may, being real brothers good sense prevailed over them and they have sorted out their dispute by entering into compromise. The factum of compromise is also reflected from the affidavit of the complainant tendered before the Court. The contents of affidavit are reproduced as under:-
AFFIDAVIT OF COMPLAINANT I, Sohan Singh S/o Gorakha Singh, aged about 73 years, R/o Akkasar, Tehsil Kolayat, District Bikaner, (Raj) state on oath as under:-
1. That I am the respondent No.2/complainant in the aforesaid case and well conversant with the facts and circumstances of the case.
2. That a compromise has been arrived at between me and the petitioner No. 1 to 3 and I do not wish to continue with the present FIR [3] no.23/2013 pending Police Station Gajner, District Bikaner, and therefore I have no objection if the offence under section 420, 467, 468, 471, 120-B, 217, 218 and 219 the respondent no. 1 to 3 be quashed and they be discharged from the same.
That the contents of the annexed S.B.Criminal Misc. Petition are true and correct to my personal knowledge."
Learned Public Prosecutor, Mr.V.S.Rajpurohit, submits that after carrying out investigation in the matter, Investigating Officer has not found any incriminating evidence against petitioner No.1 and as per the investigation, alleged involvement in commission of offence is that of petitioner Nos. 2 & 3.
Having heard learned counsel for the parties and upon perusal of the affidavit of the complainant, in my opinion, instant one is a fit case wherein inherent powers can be exercised ex debito justitiae for quashment of FIR. Essentially, it was a dispute between siblings and now they have settled their dispute and want to live in peace. Therefore, for doing substantial justice in the matter, it would be just and appropriate to annul the FIR and all further proceedings pursuant thereto. Reliance in this behalf can be profitably made to a decision of Supreme Court in Gian Singh V/s. State of Punjab & Anr. [(2012) 10 SCC 303].
In view of foregoing discussion, the instant petition is allowed. The impugned FIR No.23/2013 and further proceedings pursuant thereto are hereby quashed and set aside.
( P.K. LOHRA ),J.
Bharti/137