Pappu Sharma vs State Of Rajasthan
2021 Latest Caselaw 7796 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 870/2021

1. Pappu Sharma S/o Bhabutmal Sharma, Aged About 42 Years, resident of 723 Rajendra Nagar Extension, District Pali (Raj.).

2. Manu Sharma @ Manoharlal Sharma S/o Shyamlal Sharma, Aged About 31 Years, resident of 262, Rajendra Nagar, District Pali (Raj.).

3. Naresh Sharma S/o Manaklal Sharma, Aged About 25 Years, resident of Mani Nagar, District Pali (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through P.p.

2. SHO Police Station Industrial Area, District Pali.

3. Narayan Singh S/o Banshilal, resident of 542, Bapu Nagar Vistaar, Police Station Industrial Area, District Pali.

----Respondents

For Petitioner(s) : Mr. Manas Ranchhor Khatri. For Respondent(s) : Mr. S.S. Rajpurohit, P.P.

Mr. N.S.A. Rajpurohit.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

19/03/2021

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

has been filed by the petitioners for quashing of F.I.R.

No.20/2021, Police Station Industrial Area, District Pali, and all

consequential proceedings for offence under Sections 448, 427,

323, 143, 467, 468, 471 and 120-B of Indian Penal Code.

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.3-complainant is not

(2 of 2) [CRLMP-870/2021]

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 respondent No.3-complainant concurs the

fact of compromise and submits that in view of the compromise,

the respondent No.3-complainant does not want to proceed

further in the matter.

In this regard, a compromise deed has been submitted by

the parties and the same is hereby taken on record.

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

F.I.R. No.20/2021, Police Station Industrial Area, District Pali, and

all consequential proceedings for offence under Sections 448, 427,

323, 143, 467, 468, 471 and 120-B of Indian Penal Code against

the petitioners are hereby quashed on the basis of compromise

deed.

Stay petition is also decided accordingly.

(MANOJ KUMAR GARG),J 187-Prashant/-

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