High CourtsSingle Bench(2024) 08 RAJ CK 1138

Vimal Chand Bohra And Anr vs State And Anr

Rajasthan High Court, Jodhpur Bench · Decided on 13 August 2024

HON’BLE JUDGES
Arun Monga, J
RESULT
Dismissed
CASE NUMBER
Criminal Misc(Pet.) No. 1074 Of 2018

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Judgment

12 paragraphs · 426 words

Arun Monga, J

1.

Quashing of an FIR No.53/2016 dated 18.02.2016 lodged at Police Station Jalore, District Jalore, and all consequential proceedings for alleged offences under Sections 467, 468, 420 and 120-B of Indian Penal Code (IPC), is sought herein.

2.

The petitioners are two real brothers of complainant and are accused in the FIR in question.

3.

Vimal Chand Bohra and her sister – Seema (complainant) are personally present in court and I have interacted with them.

4.

After certain deliberations, and on persuasion of court, they have decided to bury their hatchet in order to maintain future bonhomie, peace and tranquility in family.

5.

Needless to say that their amicable conduct will also go a long way in order to keep the family together and the fruits of which will be enjoyed by the next generation as well. Given the past hostilities they have so far been on acrimonious terms. The petitioner brother has now invited his sister in the open court to visit him on the forthcoming festival of Raksha Bandhan, which is slated to be on 19.08.2024 and perform the ceremony of Rakhi in presence of all the family members.

6.

The complainant, i.e. sister, has also very emotionally regretted the past. She states that she will do everything possible to reestablish the old cordiality between the two of them, now that his brother has shown the magnanimity of treating her cordially, she will not press the charges against her brothers in the FIR in question.

7.

This court particularly appreciates the conduct of the sister of the petitioner as noted here in above.

8.

Furthermore, the primary objective of the legal system is to not only adjudicate disputes but also to promote harmony, especially within families. Quashing of the FIR will facilitate a reconciliation that will foster peace and reduce the emotional and financial strain on the family.

9.

Moreover, the matter at hand appears to stem from a civil dispute rather than a heinous crime. The underlying issues may be more personal or property-related rather than involving public safety concerns. Both parties, especially the complainant (Seema), have expressed their willingness to forgive and forget past grievances.

7.

As an upshot, keeping the societal values of forgiveness, understanding, and the importance of maintaining familial bonds, and given the current bonhomie between the parties, FIR No.53/2016 dated 18.02.2013 lodged at Police Station Jalore, District Jalore, and all consequential proceedings for offences under Sections 467, 468, 420 and 120-B of IPC, are hereby quashed.

8.

Pending application(s), if any, also stand disposed of.