Chaitan Vaishnav vs State Of Rajasthan
2021 Latest Caselaw 18334 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6549/2021

1. Chaitan Vaishnav S/o Sh. Narayan Das Vaishnav, Aged About 36 Years, B/c Vaishnav, R/o 6/38 Ganesh Chowk Ratanada, Jodhpur (Raj.)

2. Pankaj @ Pooran Singh Bhati S/o Sh. Kishore Singh, Aged About 28 Years, B/c Bhati, R/o 26-A Senapati Bhawan Ke Piche Ratanada, Jodhpur.

----Petitioners Versus

1. State Of Rajasthan, Through PP

2. Aakash Pandit S/o Kishore Pandit, R/o 121 Harizan Basti, Ratanad Jodhpur (Raj.)

----Respondents

For Petitioner(s) : Mr. Kaushal Gautam For Respondent(s) : Mr. Mukesh Trivedi, PP Mr. M.S. Soni for Mr. Mohan Ram Choudhary

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

02/12/2021

The present misc. petition has been filed for quashing the

FIR No.474/2021, registered at Police Station Ratanada, District

Jodhpur Rural for the offences under Sections 323, 307, 34, 427

of IPC and Sections 3(2)(va), 3(1)(r) and 3(1)(s) of SC/ST (POA)

Act.

Heard learned counsel for the parties.

Learned counsel for the petitioner submits that the parties

have compromised the matter outside the Court. The compromise

deed is placed on record.

(2 of 2) [CRLMP-6549/2021]

The fact of compromise is not disputed by learned counsel

appearing for the respondent No.2.

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 since the matter has been compromised, the FIR

may kindly 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.474/2021, registered at Police Station Ratanada,

District Jodhpur Rural for the offences under Sections 323, 307,

34, 427 of IPC and Sections 3(2)(va), 3(1)(r) and 3(1)(s) of

SC/ST (POA) Act is quashed and set aside qua the petitioners.

(VINIT KUMAR MATHUR),J

68-Shahenshah/-

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