Sambhu Singh vs State Of Rajasthan
2021 Latest Caselaw 16760 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5754/2021

Sambhu Singh S/o Shri Laxman Singh, Aged About 35 Years, B/c Rajput, R/o Amrtiya, Aaspur, Tehsil And District Dungarpur (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Smt. Varsha W/o Shri Parwat Singh, B/c Rajput, R/o Amrtiya, Tehsil Aaspur, Police Station Aaspur, District Dungarpur (Raj.)

3. Parwat Singh S/o Shri Mod Singh, Aged About 38 Years, B/c Rajput, R/o Amrtiya, Tehsil Aaspur, Police Station Aaspur, District Dungarpur (Raj.)

----Respondents

For Petitioner(s) : Mr. JVS Deora For Respondent(s) : Mr. M.S. Bhati, PP Mr. Jitendra Ojha

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

10/11/2021

The present misc. petition has been filed for quashing the

FIR No. 165/2021 registered at Police Station Aaspur, District

Dungarpur for the offence under Sections 452 & 323 of IPC.

Heard learned counsel for the parties.

Learned counsel for the petitioner submits that parties have

entered into a compromise outside the Court. The compromise

entered into between the parties is placed on record.

The fact of compromise is not disputed by learned counsel

appearing for the respondents.

(2 of 2) [CRLMP-5754/2021]

Learned counsel for the petitioner has relied upon the

judgment of the Hon'ble Supreme Court in the case of Gian

Singh vs. State of Punjab, (2012) 10 SCC 303, State of M.P.

V/s Laxmi Narayan & Ors. [AIR 2019 SC 1296] & Ram

Gopal and Ors. Vs. State of Madhya Pradesh (Criminal

Appeal No. 1489 and 1488 of 2012 decided on 29.09.2021)

and prays that the proceedings arising out of the FIR may be

quashed.

In view of the aforementioned compromise arrived at

between the parties and considering the fact that the compromise

is not disputed by learned counsel for the respondent as also

applying the law laid down in Gian Singh vs. State of Punjab

(Supra), State of M.P. V/s Laxmi Narayan & Ors. (Supra) &

Ram Gopal and Ors. Vs. State of Madhya Pradesh (Supra)

this Court deems it just and proper to invoke inherent powers

under Section 482 Cr.P.C.

Accordingly, the present misc. petition is allowed and the

impugned FIR No. 165/2021 registered at Police Station Aaspur,

District Dungarpur for the offence under Sections 452 & 323 of

IPC is quashed.

(VINIT KUMAR MATHUR),J

54-Vivek/-

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