Citation : 2021 Latest Caselaw 19325 Raj
Judgement Date : 17 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6985/2021
1. Panna Lal S/o Moda Ji Teli, Aged About 50 Years, r/o Gogunda Dist. Udaipur.
2. Kamlesh Kumar Sharma S/o Lt. Sh. Shriram Sharma, Aged About 49 Years, r/o Gogunda Dist. Udaipur.
3. Mahendra Prasad Paliwal S/o Mohan Lal Paliwal, Aged About 43 Years, r/o Chatiya Kheri Dist. Udaipur.
4. Padam Singh S/o Pahad Singh Jhala, Aged About 64 Years, r/o Gogunda Dist. Udaipur.
5. Prahalad Singh S/o Roop Singh, Aged About 85 Years, r/o Gogunda Dist. Udaipur.
6. Dharmesh S/o Pannalal Teli, Aged About 22 Years, r/o Gogunda Dist. Udaipur.
7. Arjun Lal S/o Udaylal Teli, Aged About 30 Years, r/o Gogunda Dist. Udaipur.
8. Bhanaram S/o Rupa Gameti, Aged About 40 Years, r/o Gogunda Dist. Udaipur.
9. Ratani Bai W/o Rupa Gameti, Aged About 70 Years, r/o Gogunda Dist. Udaipur.
10. Geeta Bai W/o Bhanaram Gameti, Aged About 30 Years, r/o Gogunda Dist. Udaipur.
----Petitioners Versus
1. State Of Rajasthan, Through Pp
2. Ramesh S/o Rupa Gameti, r/o Amba Talai, Gogunda Teh.
Gogunda Dist. Udaipur.
----Respondents
For Petitioner(s) : Mr. Anil Gupta For Respondent(s) : Mr. S.K. Bhati, PP Mr. Pritam Joshi
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order
17/12/2021 The present misc. petition has been filed for quashing the
FIR No.297/2021 registered at Police Station Gogunda, District
Udaipur for the offence under Section 506 of the IPC and Sections
3(1)(s) and 3(1)(r) of the SC/ST Prevention of Atrocity 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
(2 of 2) [CRLMP-6985/2021]
deed has been placed before this Court and the same is taken on
record.
The fact of compromise is not disputed by learned counsel
for 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
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. 297/2021 registered at Police Station Gogunda,
District Udaipur for the offence under Section 506 of the IPC and
Sections 3(1)(s) and 3(1)(r) of the SC/ST Prevention of Atrocity
Act is quashed and set aside.
(VINIT KUMAR MATHUR),J
69-payal/-
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