Happaram vs State Of Rajasthan
2021 Latest Caselaw 19202 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6360/2021

1. Happaram S/o Shri Kanaram, Aged About 60 Years, B/c Vishnoi, R/o Ramdawas Kala, Pipar City, Dist. Jodhpur (Raj.).

2. Jagdish S/o. Shri Shankarlal, B/c Vishnoi, R/o. Village Uda, Tehsil & District Harda (Madhya-pradesh)

3. Smt. Jyoti Devidas Devekate, W/o. Shri Devidas Devekate, D/o. Shri Baban KalKure, B/c Davekate, Aged- 30 years, R/o. Laxmi Nagar, Tehsil Pethan Pathan Taluka Gangapur, Thana Valuj, District Aurangabad, Maharashtra (Presently lodged in Central Jail, Jodhpur).

4. Ganesh Ramesh Panwar, S/o. Ramesh Ravsahib, Aged about 21 years, B/c Lohar Gisadi, R/o. Rajangaav Devgiri Colony, Gali No.3, Taluka Gangapur, Thana Valuj, District Aurangabad, Maharashtra.

----Petitioners Versus

1. State Of Rajasthan

2. Rambaksh S/o. Shri Joraram, B/c Vishnoi, Aged 25 years, R/o. Village Malaar, Tehsil Pipar City, District Jodhpur (Raj.).

                                                                ----Respondents


For Petitioner(s)        :     Mr. Om Prakash
For Respondent(s)        :     Mr. Laxman Solanki, PP
                               Mr. Ram Gopal, for the complainant

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

16/12/2021

The present misc. petition has been filed for quashing the

F.I.R. No. 346/2021 registered at Police Station Pipar City, District

Jodhpur for the offence under Sections 420, 406 & 120-B of IPC.

Learned counsel for the petitioners submits that the parties

have compromised the matter and the compromise deed is placed

on record.

(2 of 2) [CRLMP-6360/2021]

The factual report submitted by the learned Public Prosecutor

also confirms that the parties have entered into the compromise.

The fact of compromise is not disputed by the learned counsel for

the complainant-respondent No2. The factual report is taken on

record.

Learned counsel for the petitioners have 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 F.I.R. 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. 346/2021 registered at Police Station Pipar

City, District Jodhpur for the offence under Sections 420, 406 &

120-B of IPC is quashed.

(VINIT KUMAR MATHUR),J 62-SunilS/-

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