Citation : 2021 Latest Caselaw 18411 Raj
Judgement Date : 3 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6659/2021
1. Jagdish S/o Shri Gumanaram, Aged About 37 Years, R/o Chora, Police Station Jhab, Tehsil Sanchore, Dist. Jalore.
2. Shaitanaram Vishnoi S/o Shri Gumanaram, Aged About 40 Years, R/o Chora, Police Station Jhab, Tehsil Sanchore, Dist. Jalore.
----Petitioners Versus
1. State Of Rajasthan, Through Pp
2. Narsiram S/o Shri Bhagaram Dewasi, B/c Dewasi, R/o Chora, P.s. Jhab, Dist. Jalore (Raj.)
----Respondents
For Petitioner(s) : Mr. Raghunath Bishnoi For Respondent(s) : Mr. S.S. Rajpurohit, PP Mr. Dinakar Sharma Ms. Suchna Kumari
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
03/12/2021
The present misc. petition has been filed for quashing the
FIR No.29/2020 registered at Police Station Jhab, District Jalore
for the offences under Sections 307, 323 and 427/34 of IPC and
Section 3/25 of the Arms Act.
Heard learned counsel for the parties.
Learned counsel for the petitioners submits that the parties
have compromised the matter outside the Court. The
compromised deed is placed on record.
The fact of compromise is not disputed by learned counsel
appearing for the respondent No.2.
(2 of 2) [CRLMP-6659/2021]
Learned counsel for the petitioners 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 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.29/2020 registered at Police Station Jhab,
District Jalore for the offences under Sections 307, 323 and
427/34 of IPC and Section 3/25 of the Arms Act is quashed and
set aside.
(VINIT KUMAR MATHUR),J
232-payal/-
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