MANOJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C., 1973 seeking quashing of entire criminal proceedings arising out of Criminal Case No.9699/2017 titled State v. Manoj, pending in the court of Additional Civil JudgeMetropolitan Magistrate No.30, Jaipur Metropolitan.

(2.) The learned counsel for the petitioner has submitted that the petitioner on 20.9.2015 lodged the FIR No.390/2015 registered at Police Station Mahesh Nagar, Jaipur for the of offences under Sections 323, 341, 379, 504 IPC and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act. The learned counsel for the petitioner has contended that during investigation both the parties affected compromise and the dispute between both the parties was amicably settled. Therefore, the petitioner submitted an application before the investigating officer that he no longer intends to pursue the FIR. Resultantly, the investigating officer submitted the Final Report (Annexure-2) in negative form.

(3.) The learned counsel for the petitioner has further contended that after the aforesaid Final Report was submitted, SHO, Police Station Mahesh Nagar, Jaipur submitted a complaint under Section 211 IPC against the petitioner and the said complaint was presented before the court of Metropolitan Magistrate, No.30, Jaipur Metropolitan. The said court vide order dated 10.4.2017 took cognizance of the offence under Section 211 IPC. The learned counsel for the petitioner has submitted that the offence under Section 211 IPC fall under section 195(1)(b)(i) Cr.P.C., 1973 and qua this offence only complaint in writing could be filed by the court and SHO could not lodge the report.