HARI SINGH S/O SHRI GUMAN SINGH, BY CASTE RAJPUT, AGED 45 YEARS, R/O VILLAGE ISRU, TEHSIL LOHAWAT, DISTRICT JODHPUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this misc. petition under Sec. 482 Crimial P.C. for quashing FIR No.294/2016, registered at Police Station Pratap Nagar, Jodhpur for offence under Sec. 323, 341 and 427 IPC.

(2.) In the impugned FIR, complainant has alleged that accused petitioner has given him beatings and wrongfully restrained him as there was scuffle between him and the accused-petitioner. For quashing the FIR, it is stated in the petition that complainant has submitted a written application before the Commissioner of Police, Commissionerate, Jodhpur, wherein it is stated with clarity and precision that he has lodged FIR under the influence of some of the members of the society. It is further stated that accused petitioner has not committed any offence, thereby the complainant has made an endeavour to withdraw FIR/Complaint invoking in his wisdom under Sec. 257 Crimial P.C. Therefore, precisely, the petitioner has prayed for quashing FIR on the ground that now the dispute has been settled between the rival parties and the complainant is not inclined to pursue the matter. The Court is conscious that Sec. 257 Crimial P.C. cannot be applied in the instant case but certainly this fact is of great significance in the backdrop of peculiar facts of the instant case.

(3.) The learned counsel appearing for the complainant has very candidly admitted that the complainant is not inclined to pursue the matter as the dispute/misunderstanding has been sorted out between rival parties and as a matter of fact FIR was lodged by the complainant under the influence of some members of the society.