HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5754/2021 Sambhu Singh S/o Shri Laxman Singh, Aged About 35 Years, B/c Rajput, R/o Amrtiya, Aaspur, Tehsil And District Dungarpur (Raj.)
----Petitioner Versus
1. State Of Rajasthan, Through Pp
2. Smt. Varsha W/o Shri Parwat Singh, B/c Rajput, R/o Amrtiya, Tehsil Aaspur, Police Station Aaspur, District Dungarpur (Raj.)
3. Parwat Singh S/o Shri Mod Singh, Aged About 38 Years, B/c Rajput, R/o Amrtiya, Tehsil Aaspur, Police Station Aaspur, District Dungarpur (Raj.)
----Respondents For Petitioner(s) : Mr. JVS Deora For Respondent(s) : Mr. M.S. Bhati, PP Mr. Jitendra Ojha HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 10/11/2021 The present misc. petition has been filed for quashing the FIR No. 165/2021 registered at Police Station Aaspur, District Dungarpur for the offence under Sections 452 & 323 of IPC.
Heard learned counsel for the parties. Learned counsel for the petitioner submits that parties have entered into a compromise outside the Court. The compromise entered into between the parties is placed on record.
The fact of compromise is not disputed by learned counsel appearing for the respondents.
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(2 of 2) [CRLMP-5754/2021] Learned counsel for the petitioner has relied upon the judgment of the Hon'ble Supreme Court in the case of Gian Singh vs. State of Punjab, (2012) 10 SCC 303, State of M.P. V/s Laxmi Narayan & Ors. [AIR 2019 SC 1296] & Ram Gopal and Ors. Vs. State of Madhya Pradesh (Criminal Appeal No. 1489 and 1488 of 2012 decided on 29.09.2021) and prays that the proceedings arising out of the FIR may be quashed.
In view of the aforementioned compromise arrived at between the parties and considering the fact that the compromise is not disputed by learned counsel for the respondent as also applying the law laid down in Gian Singh vs. State of Punjab (Supra), State of M.P. V/s Laxmi Narayan & Ors. (Supra) & Ram Gopal and Ors. Vs. State of Madhya Pradesh (Supra) this Court deems it just and proper to invoke inherent powers under Section 482 Cr.P.C.
Accordingly, the present misc. petition is allowed and the impugned FIR No. 165/2021 registered at Police Station Aaspur, District Dungarpur for the offence under Sections 452 & 323 of IPC is quashed.
(VINIT KUMAR MATHUR),J 54-Vivek/-
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