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Shyam Gopal Tank Son Of Late Shri ... vs State Of Rajasthan
2021 Latest Caselaw 7913 Raj/2

Citation : 2021 Latest Caselaw 7913 Raj/2
Judgement Date : 21 December, 2021

Rajasthan High Court
Shyam Gopal Tank Son Of Late Shri ... vs State Of Rajasthan on 21 December, 2021
Bench: Inderjeet Singh
       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 8427/2021

Shyam Gopal Tank Son Of Late Shri Jagannath Tank, Aged About
85 Years, Address- In Front Of Railway Station, Ward No. 18,
Gangapur      City,   Sawaimadhopur,             Rajasthan          And   Flat   Nol.
127/121, Block No. 32, 12Th Floor, Rangoli Garden, Maharana
Pratap Road, Kanakpura, Jaipur, Raj.
                                                                       ----Petitioner
                                     Versus
1.     State Of Rajasthan, Through Public Prosecutor.
2.     Rajgopal Tank Son Of Late Shri Jagannath Tank, Aged
       About 83 Years, Address- Sanjay Colony, Ward No. 20,
       Station Bajariya, In Front Of Pwd Office, Gangapur,
       District Sawaimadhopur, Raj.
                                                                    ----Respondents

For Petitioner(s) : Mr. Shyam Sundar Sharma For Respondent(s) : Mr. Shyam Prakash Sharma, PP Mr. Surendra Kumar Bundania on behalf of Mr. O.P. Mishra for complainant

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

21/12/2021

1. Instant criminal Miscellaneous petition has been filed under

Section 482 Cr.P.C. for quashing of the proceedings pending before

the ACJM, Gangapur City, Sawai Madhopur in Criminal Case No.

49/2018 as well as for quashing of the FIR No. 503/2015

registered at Police Station Gangapur City, District Sawai

Madhopur for offence under Sections 420, 467, 468, 471 of IPC.

2. It is submitted by counsel for the petitioner that the parties

have settled their dispute by way of compromise. Counsel relied

upon the judgment passed by the Hon'ble Supreme Court in the

(2 of 2) [CRLMP-8427/2021]

matter of Gian Singh Vs. State of Punjab & Anr. reported in

2012(10) SCC 303 and prayed that the proceedings pending

before the court below as well as the FIR be quashed in view of

the compromise between the parties.

3. The respondent no.2 (complainant) is present in the court

and admitted the fact of compromise between the parties. A copy

of the Aadhar card of the respondent No.2 (complainant) is taken

on record.

4. Learned Public Prosecutor has opposed the petition.

5. Considering the facts and circumstances of the present case

and the fact that the parties have settled their dispute by way of

compromise and also considering the judgment passed by the

Hon'ble Supreme Court in the matter of Gian Singh (supra), the

criminal misc. petition is allowed and the proceedings pending

before the ACJM, Gangapur City, Sawai Madhopur in Criminal Case

No. 49/2018 as well as the FIR No. 503/2015 registered at Police

Station Gangapur City, District Sawai Madhopur qua the petitioner

are1 hereby quashed.

6. The stay application also stands disposed of.

(INDERJEET SINGH),J

CHETNA BEHRANI /183

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