Rajasthan HC Refuses To Quash FIR Against State University Students Booked For Assaulting Ex-Professor Based On Compromise Between Them

The Rajasthan High Court rejected a plea for quashing an FIR based on compromise between certain students of Rajasthan University accused of assaulting a former professor, observing that the alleged offences were serious in nature and per se breaches the tranquility and peace of society. 

Justice Sameer Jain in his order said:

"The allegations noted in the FIR pertain to a group of students/persons who have locked the gate of the Administrative Block of the University of Rajasthan for whatsoever reasons. The complainant herein is stated to be an ex-professor who at the time of incidence was the In-charge of Disciplinary Committee, however had lodged the impugned FIR in ignorance of law, without attaining requisite sanction from the competent authorities. It can be deduced that the alleged offence is of serious in nature; effects public at large moreover lakhs of students who are enrolled or connected from/with the said University; that the alleged offence per se breaches the tranquility and peace of society and gives a negative influence to the spectators". 

The court was hearing a plea moved by six students of Rajasthan University seeking quashing of the FIR under IPC Sections 143 (unlawful assembly) and 353 (Assault or criminal force to deter public servant from discharge of his duty) lodged by a former professor who was rendering duty as the Disciplinary In-charge in the university. It was alleged that the petitioners locked the gate of the Administrative Block and were conducting activities that were not expected from any students or any person on campus.

The court however noted that  considering the loop holes and other discrepancies, the Vice Chancellor of the University of Rajasthan was directed to appear through VC, and had submitted that the  FIR was made to be registered without requisite sanction of permission of the competent authorities. He had said that any compromise which is entered into by him would be in his personal capacity without permission of the authorities as no sanction to enter into a compromise qua any such incident is granted by the Vice Chancellor of the University. 

The Court held that, “Taking note of the aforementioned and the fact that the compromise is entered sans any appropriate lawful backing and the FIR was made to be registered and ignorance of law, this Court is of the view that the instant compromise cannot be affirmed and acknowledged by the Court or any other judicial body".

In this background, the petition to quash the FIR was rejected. The police was directed to proceed with the investigation and to take appropriate steps to prevent such unwarranted and unauthorized offences by students that left lasting impact on public at large.

Further, in light of gravity of the offence, the Vice Chancellor of Rajasthan University was directed to send the copy of the court order along with categorical guidelines to all affiliated colleges.

Case Title: Shubham Rewad & Ors. v State of Rajasthan & Anr.

Citation: 2025 LiveLaw (Raj) 162

Click Here To Read/Download Order