[2023:RJ-JD:39585] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7164/2023 Mohan Ram S/o Shri Kewal Ram, Aged About 23 Years, R/o Chabarwalon Ki Dhaniyan, Village Kharda Mewasa, Tehsil Osiyan, District Jodhpur (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through Pp
2. Lumba Ram S/o Dungarram, Aged About 44 Years, B/c Jat, R/o Bhakaro Birdo Ki Dhani, Village Kelawa Kalla, Tehsil Bawari, District Jodhpur.
----Respondents For Petitioner(s) : Mr. Suresh Joshi For Respondent(s) : Mr. Mahipal Bishnoi, PP Mr. Ganpat for the complainant HON'BLE MR. JUSTICE FARJAND ALI Order 17/11/2023
1. The instant criminal miscellaneous petition has been filed under Section 482 of the Cr.P.C. seeking quashing of the First Information Report (C.R. Case) No.112/2023 registered at the Police Station Karwar, District Jodhpur (East) for the offence under Section 363 of the IPC.
2. It is submitted by counsel for the petitioner that the parties have settled their dispute by way of compromise. Learned counsel has relied upon the judgment passed by the Hon'ble Supreme Court in the matter of Gian Singh Vs. State of Punjab & Anr. reported in 2012(10) SCC 303 and prayed that the FIR pending (Downloaded on 22/11/2023 at 08:34:22 PM) [2023:RJ-JD:39585] (2 of 2) [CRLMP-7164/2023] against the petitioner be quashed in view of the compromise between the parties.
3. Learned counsel for the complainant-respondent has admitted the fact of compromise between the parties and expresses his inclination in favour of quashing of the FIR on the ground of compromise.
4. Learned Public Prosecutor has opposed the petition.
5. Considering the facts and circumstances of the present case and the fact that the parties have settled their dispute by way of compromise and also following the judgment passed by the Hon'ble Supreme Court in the matter of Gian Singh (supra), the instant criminal miscellaneous petition is allowed and the entire proceedings in connection with the First Information Report mentioned above and all consequential proceedings, qua the petitioner, are hereby quashed.
6. The stay application also stands disposed of.
(FARJAND ALI),J 367-Pramod/-
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