Raunak Jain @APPELLANT@Hash State of Rajasthan & Ors

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.

In the present case, quashing of F.I.R. has been sought on the basis of compromise.

The learned counsels appearing for the petitioners-accused and the complainant have vouchsafed the factum of compromise.

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.

The order dated 27.07.2018 passed by the trial Court reads as under  :-

“fnuakd %& 27-07-2018

fofâ€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;kjlhnsoh] 'kda j 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 ik;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 Hkk0na0la0 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 txnhâ€k dks vijk/k /kkjk

341] 323] 323@149] 325] 325@149

Hkk0na0la0 ds vkjksiks ls nks""keqDr ?kksf""kr fd;k tkrk gSA

vfHk;qDrx.k ds fo:) /kkjk 147] 148] 308@149 ;k 308 Hkk0na0la0 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 isâ€​k gksA.â€​

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 â€" Mr. Akash Agarwal.

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 â€" 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.

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.

I have heard the learned counsels appearing for the parties and perused the contents of the instant petitions.

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.

Relying upon the case of Gian Singh Vs. State of Punjab & Another [(2012) 10 S.C.C. 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.

Considering the fact that parties have amicably resolved their dispute, the principle established by the Apex Court in the case of Gian Singh [supra]

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.