Rajkumar Singh vs State Of Rajasthan
2021 Latest Caselaw 18585 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5655/2021

Rajkumar Singh S/o Shri Bhanwar Singh, Aged About 34 Years, R/o Bhanwar Singh Ka Bera, Village - Indroka, Via - Tinwari, District Jodhpur (Rajasthan)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Dilkhush Kanwar @ Dipti Kanwar W/o Shri Rajkumar Singh, D/o Shri Jabbar Singh Jodha, R/o Near Sat Saheb Ki Kutiya, Narsinghpura, Sojat City, District Pali (Rajasthan)

----Respondents

For Petitioner(s) : Mr. Javed Hussain For Respondent(s) : Mr. M.S. Bhati, PP Mr. Karan Singh Chouhan for Mr. L.S. Jodha

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

07/12/2021

The present misc. petition has been filed for quashing the

FIR No. 0295/2020 registered at Police Station Sojat City, District

Pali for the offence under Sections 498-A, 406, 323 & 313 of I.P.C.

Learned counsel for the petitioner submits that the parties

have compromised the matter outside the Court. The compromise

deed has been filed before the Investigating Officer.

The fact of compromise is not disputed by the learned

counsel for the complainant-respondent Nos.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.

(2 of 2) [CRLMP-5655/2021]

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 FIR No. 0295/2020 registered at Police Station Sojat

City, District Pali for the offence under Sections 498-A, 406, 323 &

313 of I.P.C is quashed and set-aside.

(VINIT KUMAR MATHUR),J

39-/Vivek/-

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