Citation : 2021 Latest Caselaw 650 Raj
Judgement Date : 11 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2/2021
Derama Ram S/o Shri Mangu Ram, Aged About 43 Years, R/o Shyamsar, Tehsil And District Nagaur.
----Petitioner Versus
1. State Of Rajasthan, Through P.p.
2. Mangi Lal S/o Purna Ram, R/o Shyamsar, Tehsil And District Nagaur.
----Respondents
For Petitioner(s) : Mr. Alkesh Agarwal, Adv. For Respondent(s) : Ms. Rajlaxmi Singh Choudhary, PP Mr. Laxman Singh Bhati, Adv. through VC
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
11/01/2021
The instant criminal misc. petition under Section 482 Cr.P.c.
has been filed by the petitioner for quashing of FIR No.0101/2019
registered at Police Station Sri Balaji, Nagaur and all consequential
proceedings for offence under Sections 75, 79 of JJ ACT, 2015 and
Section 3(1)(W)(R)(S) of SC/ST Act and Section 323 of IPC on the
basis of compromise entered between the parties.
Counsel for the petitioner submits that the matter has
already been compromised between the parties and it is borne out
from the compromise that respondent No.2-complainant is not
inclined to proceed further in the matter. Counsel has placed
reliance on a decision of Supreme Court in the case of Gian
Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303]. In
(2 of 2) [CRLMP-2/2021]
these circumstances, the impugned FIR and all consequential
proceedings may be quashed on the basis of compromise.
Counsel for the respondents No.2-complainant appearing
through video-call concurs the fact of compromise and submits
that in view of the compromise, the respondents No.2-
complainant does not want to proceed further in the matter.
In view of compromise arrived at between the parties and
applying the ratio in decision of Gian Singh (Supra), I deem it
just and proper to invoke inherent powers of this Court under
Section 482 Cr.P.C.
Accordingly, the present misc. petition is allowed and the FIR
No.0101/2019 registered at Police Station Sri Balaji, Nagaur and
all consequential proceedings for offence under Sections 75, 79 of
JJ ACT, 2015 and Section 3(1)(W)(R)(S) of SC/ST Act and Section
323 of IPC lodged against the petitioner are hereby quashed on
the basis of compromise deed.
(MANOJ KUMAR GARG),J 83-MS/-
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