Citation : 2021 Latest Caselaw 7508 Raj/2
Judgement Date : 10 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Petition No. 4537/2020
Jatin Purohit S/o Rajendra Kumar Purohit and ors.
----Petitioners
Versus
State Of Rajasthan and anr.
----Respondents
Connected With S.B. Criminal Misc. Petition No. 4502/2020 Ajit Dayanand Nayak S/o Dayanand Nayak & Ors.
----Petitioners Versus State Of Rajasthan & Anr.
----Respondents
For Petitioner(s) : Mr. Ashish Kumar Singh with Mr. Vagish Kumar Singh and Mr. Anupam Bhargava For Respondent(s) : Mr. S.S. Mahla, PP Mr. Parinitoo Jain through VC
HON'BLE MR. JUSTICE FARJAND ALI
Order
10/12/2021
The quashing of FIR has been sought in this matter on the
ground of compromise.
Counsel for the petitioners submits that in view of the
judgment passed by Hon'ble Supreme Court in the case of Gian
Singh v. State of Punjab & anr.: (2012) 10 SCC 303, though the
offences are not compoundable but since the matter is inter-se
between the parties and the same does not affect the society at
large, therefore, even if the offence being not compoundable, this
court in exercise of powers under Section 482 of Cr.P.C. can quash
FIR and further proceedings in pursuant thereof.
(2 of 2) [CRLMP-4537/2020]
Mr. Parinitoo Jain, Advocate appearing on behalf of the
complainant-AVVNL verified the fact and factum of the
compromise and does not object if the FIR is quashed at this
stage.
Since the matter is pending investigation, therefore, I deem
it appropriate to direct the parties or their authorized officers to
appear before the Investigating Officer along with deed of
compromise. The Investigating Officer is directed to verify the
factum of compromise and send the report to this court on the
next date of hearing. Parties are directed to appear before the
Investigating Officer on or before 10.01.2022.
Put up on 20.01.2022.
In the meanwhile, interim order passed by this court on
earlier occasions, shall remain in currency.
(FARJAND ALI),J
Pooja/68-69
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