Rakesh Sharma vs State Of Rajasthan
2021 Latest Caselaw 19320 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7059/2021

Rakesh Sharma S/o Sh. Sampat Sharma, Aged About 26 Years, r/o Juni Bagar, Mahamandir, Dist. Jodhpur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Vikas Singh Negi S/o Sh. Mangal Singh, Aged About 32 Years, r/o Tilak Nagar, Near Gurudwara, Dist. Bikaner, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Sikander Khan For Respondent(s) : Mr. S.K. Bhati, PP Mr. Pravin Bhati

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

17/12/2021

The present misc. petition has been filed for quashing the

FIR No.408/2021 registered at Police Station Sadar Bikaner,

District Bikaner for the offences under Sections 420, 406 and

120B 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 No.2 qua the petitioner.

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-7059/2021]

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.408/2021 registered at Police Station Sadar

Bikaner, District Bikaner for the offences under Sections 420, 406

and 120B of the I.P.C. qua the petitioner is quashed and set-aside.

(VINIT KUMAR MATHUR),J

71-payal/-

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