Prakash Bediya vs State
2021 Latest Caselaw 18581 Raj

(1 of 3) [CRLMP-6687/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6687/2021

Prakash Bediya S/o Manohar Lal, Aged About 46 Years, R/o. 1 Kha 14, Menakshi Hotel, Shantinagar, Sector-05, Hiranmagri, Udaipur (Raj.).

----Petitioner Versus

1. State of Rajasthan

2. Nathulal Purbiya S/o Sh. Chagganlal Ji Purbiya, Aged About 42 Years, R/o. Khemli Station, Khemli, Teh. Mavali, Dist. Udaipur (Raj.). 313201.

3. Keshuram Purbiya S/o Sh. Tejram Purbiya, Aged About 36 Years, R/o. Purbiya Basti, Village Khemli, Teh. Mavali, Dist. Udaipur (Raj.). 313201.

4. Fhoolchand Purbiya S/o Sh. Ramchandra Purbiya, Aged About 22 Years, R/o. Purbiya Gali, Purbiyon Ka Mohalla, Kanpur, Teh. Girva, Dist. Udaipur (Raj.). 313003.

5. Dalichand Purbiya S/o Sh. Bhera Ji Purbiya, Aged About 56 Years, R/o. Purbiyon Ka Mohallah, Bhinder, Sarangpura, Teh. Vallabhnagar, Dist. Udaipur Raj. 313603.

6. Nandlal Purbiya S/o Sh. Nathu Lal Purbiya, Aged About 24 Years, R/o. Chandpole Darwaza, Bhinder, Sarangpura, Dist. Udaipur (Raj.). 313603.

7. Dharma S/o Sh. Vardichand, Aged About 27 Years, R/o.

308, Khemli Station, Aasana, Teh. Mavali, Dist. Udaipur (Raj.). 313201.

8. Rahul Purbiya S/o Sh. Ramlal Purbiya, Aged About 22 Years, R/o. 308, Khemli Station, Aasana, Teh. Mavali, Dist. Udaipur (Raj.). 313201.

9. Narayanlal Mochi S/o Kanhaiyalal Ji Mochi, Aged About 45 Years, R/o. Near Petrol Pump Fauz Vadli, Nagar Palika Sarangpura, Bhinder, Dist. Udaipur (Raj.).

10. Ratan Lal @ Ratan Lal Dagi S/o Jagdish Dagi, Aged About 32 Years, R/o. Village Aoudvadiya, Goodli, Teh. Mavali, Dist. Udaipur (Raj.). 313024.

                                                                 ----Respondents





                                      (2 of 3)                   [CRLMP-6687/2021]



For Petitioner(s)         :    Mr. Ram Singh Rawal
For Respondent(s)         :    Mr. S. S. Rajpurohit, PP
                               Mr. Praveen Bhati, for the
                               complainants

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

07/12/2021

The present misc. petition has been filed for quashing the

FIR No.432/2018 registered at Police Station Hiranmagari, District

Udaipur for the offence under Sections 406 & 420 of the I.P.C.

Learned counsel for the petitioner submits that the parties

have compromised the matter outside the Court and the

compromise deed is placed on record.

The fact of compromise is not disputed by the learned

counsel for the complainant-respondent Nos.2 to 10.

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 submits that the proceedings arising out of 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 complainant as also

applying 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)

(3 of 3) [CRLMP-6687/2021]

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.432/2018 registered at Police Station

Hiranmagari, District Udaipur for the offence under Sections 406 &

420 of the I.P.C. is quashed and set-aside.

(VINIT KUMAR MATHUR),J

81-/Vivek/-

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