Rajasthan High Court - Jodhpur
Prakash Bediya vs State on 7 December, 2021
Bench: Vinit Kumar Mathur
(1 of 3) [CRLMP-6686/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6686/2021
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. Bherulal Jatiya S/o Sh. Bhhaga, Aged About 43 Years,
R/o. Sarangpura (Kanod), Sarangpura, Udaipur (Raj.),.
313604, Current R/o Near Menaria Guest House, Udaipur
(Raj.).
3. Devi Singh Solanki S/o Sh. Ram Singh Solanki, Aged
About 48 Years, R/o. Mundara Gali, Village Behoda, Teh.
Badi Sadari, Dist. Chittorgarh Raj. 312404.
4. Gopilal Jatiya S/o Sh. Bagdiram Jatiya, Aged About 32
Years, R/o. Khetakheda, Bhindar, Teh. Vallabhnagar, Dist.
Udaipur (Raj.). Current R/o 812, Geetajanli House,
Keshav Nagar, University Road, Girva, Dist. Udaipur
(Raj.). 313001.
5. Narayan Kumar Gayari S/o Sh. Bherulal Gayari, Aged
About 33 Years, R/o. Vajakheda, Post Saleda, Vajaka
Kheda, Teh. Vallabhnagar, Dist. Udaipur (Raj.). 313603.
6. Gangaram Gadari S/o Sh. Bhura Gadari, Aged About 39
Years, R/o Arned, Teh. Dungala, Dist. Chittorgarh (Raj.).
312402.
7. Rajesh Vaishnav @ Rajesh Prashad Vaishnav S/o Sh.
Bandidas Vaishnav, Aged About 48 Years, R/o Mata Ji Ki
Gali, Janvo Ka Mohalla, Boheda, Teh. Badi Sadari, Dist.
Chittorgarh (Raj.). 312404.
----Respondents
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
(2 of 3) [CRLMP-6686/2021]
Order
07/12/2021
The present misc. petition has been filed for quashing the
FIR No. 66/2019 registered at Police Station Hiranmagari, District
Udaipur for the offence under Sections 406, 420 & 120-B 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 7.
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)
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 F.I.R. No.66/2019 registered at Police Station
(3 of 3) [CRLMP-6686/2021]
Hiranmagari, District Udaipur for the offence under Sections 406,
420 & 120-B of the I.P.C. is quashed and set-aside.
(VINIT KUMAR MATHUR),J
80-/Vivek/-
Powered by TCPDF (www.tcpdf.org)
