Aabid vs State Of Rajasthan
2021 Latest Caselaw 8894 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2087/2021

1. Aabid S/o Mohammad Suleman, Aged About 25 Years, R/o Lodipura Taarkin Ki Dargah Ke Pass, Dist. Nagaur, Rajasthan.

2. Amit Khan S/o Mohammad Ramjan, Aged About 28 Years, R/o Nakas Gate, Dist. Nagaur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Jawed Hussain S/o Majid Hussain, Aged About 24 Years, R/o Bajarwara, Dist. Nagaur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Vijay Bishnoi, Adv. For Respondent(s) : Mr. SK Bhati, PP Mr. Jayant Joshi, Adv.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

06/04/2021

The instant criminal misc. petition under Section 482 Cr.P.c.

has been filed by the petitioners for quashing of FIR No.156/2020

registered at Police Station Sadar Nagaur, District Nagaur and all

consequential proceedings for offence under Sections 323, 365,

384, 342 IPC and Section 3/25 of Arms Act.

Counsel for the petitioners submits that the matter has

already been compromised between the parties and it is borne out

from the compromise that respondent No.2-complainant is not

inclined to proceed further in the matter. Counsel has placed

reliance on a decision of Supreme Court in the case of Gian

Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303]. In

(2 of 2) [CRLMP-2087/2021]

these circumstances, the impugned FIR and all consequential

proceedings may be quashed on the basis of compromise.

Counsel for the respondents No.2-complainant concurs the

fact of compromise and submits that in view of the compromise,

the respondents No.2-complainant does not want to proceed

further in the matter.

In view of compromise arrived at between the parties and

applying the ratio in decision of Gian Singh (Supra), I deem it

just and proper to invoke inherent powers of this Court under

Section 482 Cr.P.C.

Accordingly, the present misc. petition is allowed and the FIR

No.156/2020 registered at Police Station Sadar Nagaur, District

Nagaur and all consequential proceedings for offence under

Sections 323, 365, 384, 342 IPC and Section 3/25 of Arms Act

lodged against the petitioners are hereby quashed on the basis of

compromise deed.

Stay application also decided.

(MANOJ KUMAR GARG),J 72-MS/-

Powered by TCPDF (www.tcpdf.org)