MANISH, S/O SHRI JAIDEV JI GURJAR, AGED 27 YEARS, RESIDENT OF BHOPALGANJ, BHILWARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-petitioner has laid this misc. petition under Sec. 482 Cr.P.C for quashment of FIR No.188/2015 of Police Station Sadar, Bhilwara for offences under Sections 279, 341, 323, 307, 379 and 34 IPC.

(2.) Precisely, it is stated in the petition that a trivial incident has been blown out of proportion by the respondent-complainant due to political reasons or other unknown reasons. It is also submitted that as a matter of fact respondent-complainant has suffered injuries due to collision of motorcycle and most of the injuries suffered by him are simple except four injuries which are though grievous in nature but not dangerous to life so as to constitute offence under Sec. 307 IPC. A specific ground is set out in the petition that when investigation in the matter was in vogue, the complainant and petitioner sorted out their dispute and all decks were cleared regarding the misunderstanding which led to filing of the FIR. A written compromise in the form of an application was also submitted by the respondent-complainant for withdrawal of the FIR.

(3.) There remains no quarrel that as per the provisions of Crimial P.C., once an FIR is registered, the case cannot be withdrawn and it is only in respect of a complaint case that a complainant may seek withdrawal of the prosecution.