Chhotu Ram vs State Of Rajasthan
2021 Latest Caselaw 16825 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6082/2021

Chhotu Ram S/o Sh. Radheshyam, Aged About 28 Years, B/c Swami, R/o Indira Colony, Teh. Rajgarh, Dist. Churu.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Ritu Swami D/o Lt. Rajkumar, Aged About 19 Years, B/c Swami, R/o W.no. 30/39, Nohar, Teh. Nohar, Dist. Hanumangarh.

----Respondents

For Petitioner(s) : Mr. Rakesh Matoria For Respondent(s) : Mr. S.K. Bhati, PP Mr. Zafar Khan

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

11/11/2021

The present misc. petition has been filed for quashing the

FIR No.362/2021 registered at Police Station Nohar, District

Hanumangarh for the offences under Sections 363, 366, 376, 377,

323, 344 & 120-B of IPC and under Section 5I/6 of POCSO Act.

Heard learned counsel for the parties.

Learned counsel for the petitioner submits that complainant

is the wife of the petitioner. He further submits that parties have

entered into a compromise outside the Court. The compromise

deed is placed on record.

The fact of compromise is not disputed by learned counsel

appearing for the respondent.

(2 of 2) [CRLMP-6082/2021]

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.362/2021 registered at Police Station Nohar,

District Hanumangarh for the offences under Sections 363, 366,

376, 377, 323, 344 & 120-B of IPC and under Section 5I/6 of

POCSO Act is quashed.

(VINIT KUMAR MATHUR),J

82-Vivek/-

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