Hajari Dan vs State
2021 Latest Caselaw 7234 Raj

(1 of 2) [CRLMP-1572/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1572/2021

Hajari Dan S/o Girdhari Dan, Aged About 40 Years, R/o Village Bhinyad, P.s. Shiv, District Barmer.

----Petitioner Versus

1. State, Through P.p.

2. Ashok Kumar S/o Deva Ram, By Caste Suthar, R/o Village Bhinyad P.s. Shiv, District Barmer.

----Respondents

For Petitioner(s) : Mr. RJ Punia, Adv. For Respondent(s) : Mr. Mool Singh Bhati, PP Mr. KL Bishnoi, Adv.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

15/03/2021

The instant criminal misc. petition under Section 482 Cr.P.c.

has been filed by the petitioner for quashing of FIR No.227/2019

registered at Police Station Shiv, District Barmer and proceedings

pending before ACJM No.1, Barmer in Cr. Case No.28/2020 for

offence under Sections 427, 457, 380 IPC on the basis of

compromise arrived at 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-1572/2021]

these circumstances, the impugned FIR and proceedings pending

before the trial court 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.227/2019 registered at Police Station Shiv, District Barmer as

well as proceedings pending before ACJM No.1, Barmer in Cr. Case

No.28/2020 for offence under Sections 427, 457, 380 IPC against

the petitioner are hereby quashed on the basis of compromise

deed.

Stay application is also decided.

(MANOJ KUMAR GARG),J 145-MS/-

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