Citation : 2021 Latest Caselaw 6689 Raj
Judgement Date : 5 March, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 903/2021
1. Sultan Khan S/o Bage Khan, Aged About 68 Years, R/o Dhara Baga, Kushlawa, Tehsil Lohawat, Distt. Jodhpur.
2. Gen Singh S/o Karan Singh, Aged About 66 Years, R/o Chapawat Nagar, Kushlawa, Tehsil Lohawat, Distt. Jodhpur.
3. Pep Singh S/o Karan Singh, Aged About 64 Years, R/o Chapawat Nagar, Kushlawa, Tehsil Lohawat, Distt. Jodhpur.
----Petitioners Versus
1. State Of Rajasthan-State, Through P.p.
2. Babu Ram S/o Narayan Das, R/o Kushlawa, Tehsil Lohawat, Distt. Jodhpur (Raj.).
----Respondents
For Petitioner(s) : Mr. DLR Vyas, Adv. For Respondent(s) : Mr. Mukhtiyar Khan, PP Mr. Hargovind Chanda
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
05/03/2021
The matter comes up on an application for taking on record
the compromise arrived at between the parties.
For reasons stated in the application, the application is
allowed. The compromise is hereby taken on record.
The instant criminal misc. petition under Section 482 Cr.P.c.
has been filed by the petitioners for quashing of FIR No.33/2021
registered at Police Station Lohawat, District Jodhpur and all
consequential proceedings for offence under Sections 332, 500,
(2 of 2) [CRLMP-903/2021]
506 IPC and Section 3(1)(r), 3(1)(s), 3(2)(VA) of SC/ST Act on
the basis of compromise arrived at between the parties.
Counsel for the petitioners 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
these circumstances, the impugned FIR and all consequential
proceedings may be quashed on the basis of compromise.
Counsel for the respondents No.2-complainant 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.33/2021 registered at Police Station Lohawat, District Jodhpur
and all consequential proceedings for offence under Sections 332,
500, 506 IPC and Section 3(1)(r), 3(1)(s), 3(2)(VA) of SC/ST Act
lodged against the petitioners are hereby quashed on the basis of
compromise deed.
Stay application also decided.
(MANOJ KUMAR GARG),J 145-MS/-
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