CRLMP1997/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Petition No.1997/2010 Damodar Sharma and Others Vs. The State of Rajasthan and Another Date of Order ::: 29.10.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Banwari Sharma, Counsel for petitioners Shri N.R. Saran, Public Prosecutor #### By the Court:- This petition has been filed by petitioners seeking quashment of F.I.R. No.138/2010 lodged at Police Station Mahila Thana, Jaipur City (South), Jaipur. Learned counsel for petitioners has read- over first information report no. 138/2010 and also earlier first information report no.66/2008 dated 07.07.2008 lodged with same police station. It was argued that earlier first information report with same allegations had resulted in a final report being given by police which was although based on compromise arrived at between parties, but nevertheless allegations were not found to be true. Contents of the FIR are entirely against accused- petitioner Damodar Sharma whereas all his family members including his mother, two brothers, two uncles, two ants, cousin and other relatives, thus in all eleven accused have been implicated. They CRLMP1997/2010 // 2 // are being unnecessarily harassed for their no fault. Police is not prepared to listen to their grievance. Learned Public Prosecutor opposed the petition and argued that in view of seriousness of allegations contained in FIR No.138/2010, this court may not interfere with the matter. However, learned Public Prosecutor submits that if petitioners cooperate with police, there is no reason that innocent persons would be harassed. Upon hearing learned counsel for parties and perusing material on record, I find that first information report that was earlier filed by complainant and compromise arrived at between the parties which was duly drawn on non-judicial stamp paper of hundred rupees on 05.07.2008 and signed by the parties i.e. husband and wife and their parents of both side. Many of witnesses to such compromise are those who are now accused in second first information report. On the basis compromise, the final report was given by the police. There is no reason that police, while making investigation, would not take into consideration such final report. It is however impressed upon Investigation Officer to ensure that unnecessary harassment is not make to many of the persons because large number of family members have been arrayed as accused whereas allegation in FIR is mostly focused against accused-petitioner no.1 Damodar Sharma, and some of his close relatives. CRLMP1997/2010 // 3 // I therefore do not deem it appropriate to make interference in this petition under Section 482 Cr.P.C. and dismiss the petition with aforesaid observations. (Mohammad Rafiq) J. //Jaiman//