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