Moola Ram vs State Of Rajasthan
2021 Latest Caselaw 19318 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7072/2021

Moola Ram S/o Saluram, Aged About 38 Years, R/o Dhyalo Ki Dhani, Bisalpur, Tehsil And District Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Ramesh S/o Shri Pusharam, Aged About 47 Years, R/o Ravo Ka Bas, Thabukra, Banar, Tehsil And District Jodhpur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Jayram Saran For Respondent(s) : Mr. S.K. Bhati, PP Mr. Vijay Bishnoi

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

17/12/2021 The present misc. petition has been filed for quashing the

FIR No.353/2021 registered at Police Station Banar, District

Jodhpur for the offence under Sections 279 and 337 of the IPC.

Heard learned counsel for the parties.

Learned counsel for the petitioner submits that the parties

have compromised the matter outside the Court. The compromise

deed has been placed on record.

The fact of compromise is not disputed by learned counsel

for respondent No. 2. Learned counsel for respondent submits that

the injured Leela Devi has also affixed her thumb impression on

the compromise deed.

(2 of 2) [CRLMP-7072/2021]

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 prays that 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 the

impugned FIR No. 353/2021 registered at Police Station Banar,

District Jodhpur for the offence under Sections 279 and 337 of the

IPC is quashed and set aside.

(VINIT KUMAR MATHUR),J

73-payal/-

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