Mahendra Singh vs State Of Rajasthan
2021 Latest Caselaw 19322 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6918/2021

1. Mahendra Singh S/o Karan Singh, Aged About 26 Years,

2. Karan Singh S/o Nar Dev Singh, Aged About 50 Years,

3. Harsh S/o Karan Singh, Aged About 18 Years, all r/o Kothriya, Nathdwara, Dist. Rajsamand (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Kailash S/o Madhulal, Aged About 32 Years, r/o Kothriya, Nathdwara, Dist. Rajsamand (Raj.).

                                                                ----Respondents


For Petitioner(s)        :     Mr. DS Rathore
For Respondent(s)        :     Mr. S.K. Bhati, PP
                               Ms. Varsha Purohit

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

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

FIR No.472/2021 registered at Police Station Nathdwara, District

Udaipur (Rajasthan) for the offence under Sections 341, 323, 324

and 34 of the IPC and Sections 3(1)(R), 3(1)(S) and 3(2)(VA) of

SC/ST Act.

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.

(2 of 2) [CRLMP-6918/2021]

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. 472/2021 registered at Police Station

Nathdwara, District Udaipur (Rajasthan) for the offence under

Sections 341, 323, 324 and 34 of the IPC and Sections 3(1)(R),

3(1)(S) and 3(2)(VA) of SC/ST Act is quashed and set aside.

(VINIT KUMAR MATHUR),J

67-payal/-

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