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Judgment
Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.447/2018, registered at Police Station Kotwali, District Sawai
Madhopur for offences under Sections 323, 341, 447, 504, 506 IPC and Sections 3(1)(S) of SC/ST (Prevention of Atrocities) Act, 1989.
Shri S.S. Hora, learned counsel for the petitioner, and Shri Sudhir Jain, learned counsel for respondent No.2 complainant, have jointly submitted that a
joint application has been filed bearing inward No.2/11.9.2018 placing on record the compromise arrived between the parties.
In the present case, FIR was lodged by respondent No.2 Dhara Singh Meena, wherein it was stated that on 5.7.2018 between 1.00-2.00 PM accused
came and abused the complainant and also pulled Sari of his mother, namely Prem Devi, and made her fall on the ground and they also abused the
complainant and her mother on the name of their caste. Complainant and his mother belong to Scheduled Tribe in the State of Rajasthan.
Shri Sudhir Jain, learned counsel for respondent No.2, has identified Shri Dhara Singh Meena, respondent No.2, and his mother Prem Devi, who are
present in court.
It is stated that as per the agreement, complainantrespondent No.2 and his mother will return Rs.5 Lac alongwith interest of Rs.35,000/- received by
them as earnest money and the agreement executed in favour of accused-petitioner shall stand annulled. It is further agreed that the petitioner shall
withdraw arbitration proceedings which are pending in the Court of Additional District Judge No.15, Jaipur Metropolitan.
Shri Dhara Singh Meena, complainant-respondent No.2, who is present in court alongwith his mother Prem Devi, has stated that they do not intend to
pursue the present FIR as the land agreed to be leased by the complainant, as per Memorandum of Understanding, has been returned and the
Memorandum of Understanding, as per joint agreement between the parties, stand rescinded for all intent and purposes.
Learned counsel for the parties have jointly relied upon the observations made by the Supreme Court in Gian Singh v. State of Punjab & Anr. [(2012)
10 SCC 303] to contend that this Court while exercising its inherent jurisdiction under Section 482 Cr.P.C., can quash the FIR and subsequent criminal
proceedings, where the parties have amicably resolved the dispute, which is private in nature.
It has been often held by the court that the hour of compromise is finest hour in the life of the parties and this Court should give due credence to the
same.
Considering that the parties in spirit of forgive and forget have decided that let bygones be bygones, this Court is of the view that continuation of the
proceedings may disturb the social fiber and harmony prevailing in the society.
Hence, the present petition is accepted and the impugned FIR alongwith all subsequent proceedings, is quashed.