Yashwant Kumar Jain vs State
2021 Latest Caselaw 18824 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6742/2021

Yashwant Kumar Jain S/o Nathlal Jain, Aged About 80 Years, R/o Lalbag, P.S. Nathdawra, Dist. Rajsamand.

----Petitioner Versus

1. State, Through PP

2. Mangilal S/o Sh. Prarap Ji, Resident of Dhayla, Teh.

Nathdwara, Dist. Rajsamand.

----Respondents

For Petitioner(s) : Mr. Rajendra Singh Chouhan For Respondent(s) : Mr. S.K. Bhati, PP Mr. Aditya S. Rathore

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

10/12/2021

The present misc. petition has been filed for quashing the

FIR No.308/2002 registered at Police Station Nathdawra, District

Rajsamand for the offence under Section 409 and 420 of IPC.

Heard learned counsel for the parties.

Learned counsel for the petitioner submits that the parties

have compromised the matter outside the Court and the

compromise has been placed before the trial court.

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

(2 of 2) [CRLMP-6742/2021]

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 proceedings arising out of 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

impugned FIR No.308/2002 registered at Police Station

Nathdawra, District Rajsamand for the offence under Section 409

and 420 of IPC is quashed and set aside. Therefore, the

proceedings pending before the Additional Chief Judicial

Magistrate, Nathdawra in Case No.312/2010 in furtherance of the

FIR No.308/2002 is also quashed.

(VINIT KUMAR MATHUR),J

66-Shahenshah/-

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