Yunas Mohammed vs State Of Rajasthan

Arun Monga, J

The grievance of the petitioner is qua an order dated 13.05.2024 passed by the learned Judicial Magistrate, Taranagar, District Churu, in Criminal Case No. 256/2020. In this order, the court dismissed the petitioner's application seeking permission for the renewal of his passport, owing to his status as an under-trial/accused in FIR No. 0140/2020, dated 29.05.2020, registered at Police Station Taranagar, District Churu, for offences under Sections 323, 341, 354, 354(D), and 509 IPC.

At the very outset, my attention has been drawn to a compromise reached between the complainant, who is the sister-in-law of the petitioner, and the petitioner. The complainant had accused the petitioner of the alleged offences, which were primarily an offshoot of matrimonial discord between the petitioner’s younger brother and his wife (the complainant). Subsequently, the parties reconciled their differences, leading to a mutual settlement as per the compromise dated 20/05/2022.

In light of the compromise, the other factual details are not necessary to delve into, as they are irrelevant for the disposal of the instant petition. The primary issue at hand is that, the petitioner is unable to travel to India in the absence of valid pasport. Meanwhile, on the other hand, due to his continued absence for reasons beyond his control, it appears that coercive measures, including the issuance of an arrest warrant, have been taken against him.

Considering the nature of the allegations and the ongoing trial, which stems from the petitioner’s sister-in-law, it is evident that the matter is private in nature. The State is unnecessarily burdened with litigation, despite the parties having settled their differences. Naturally, in light of the compromise, the complainant is no longer interested in pursuing her charges against the petitioner.

In the aforementioned backdrop, I am of the opinion that the trial court should not have dismissed the application filed by the petitioner.

As an upshot, the impugned order is, therefore, set aside. The petition is allowed. The application filed by the petitioner before the learned trial court is also allowed. The petitioner is granted permission to get his passport renewed in accordance with law by applying the same before the competent passport authority. On his return to India, he shall not be arrested and cause appearance before the learned trial court within 4 weeks of his arrival. Upon his causing appearance, his bail application shall be decided by the learned trial court on the same day.

All pending application(s), if any, shall also stand disposed of.