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KIRAN KUMAR v. STATE OF RAJASTHAN

Supreme Court of India | Diary 10378/2024

Status

Order

Decided On

2024-12-05

Bench

HON'BLE MR. JUSTICE PRASANNA B. VARALE, HON'BLE MR. JUSTICE VIKRAM NATH

Petitioner

KIRAN KUMAR

Respondent

STATE OF RAJASTHAN

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.5060 OF 2024 [ARISING FROM SLP(CRL.)NO.4288 OF 2024]

KIRAN KUMAR & ANR. APPELLANT(S)

VERSUS

STATE OF RAJASTHAN & ANR. RESPONDENT(S)

WITH

CRIMINAL APPEAL NO.5061 OF 2024 [ARISING FROM SLP(CRL.)NO.4834 OF 2024]

O R D E R

1. Leave granted.

2. Despite service of notice on the

complainant (respondent no.2), no one has put in

appearance.

3. Mr. Rahul Kaushik, learned senior counsel

appearing for appellant(s), submits that,

although, the report under Section 173(2) Cr.P.C.

exonerates all the named accused and finds that

the F.I.Rs. were lodged on incorrect and false

facts and the dispute was purely civil in nature,

the High Court, instead of quashing the F.I.Rs.,

has dismissed the Section 482 Cr.P.C. petition(s)

as infructuous. He, therefore, submits that in

view of the fact that it is purely a civil dispute

2

and further that the Investigating Agency also

found that it is purely civil dispute, the Court

may quash the F.I.Rs. rather than leaving it open

for the appellant(s) to face unnecessary further

harassment at the instance of the complainant, who

has chosen to file a protest petition, but till

date no order has been passed on the same.

4. Learned counsel appearing for the State

of Rajasthan also submits that it is purely a

civil case and has supported the Police Repo...

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