Citation : 2021 Latest Caselaw 17317 Raj
Judgement Date : 20 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6205/2021
1. Abhijit Ashok Bhagat S/o Shri Govind Bhagat, Aged About 47 Years, R/o C/o Vishnu Kant Thanvi, Kanak Bhavan Tirupati Nagar, Jodhpur Road, Pokhran, Rajasthan. At Present Working At Tata Power Renewable Energy Limited Corporate Centre, A Block 34, Sant Tukaram Road, Carnac Bunder Mumbai 400 009, A Company Incorporated Under The Provisions Of Companies Act, 1956 And Having Its Registered Office At C/o The Tata Power Company Limited Corporate Centre, A Block 34, Sant Tukaram Road, Carnac Bunder, Mumbai 400 009.
2. Deepak Mahabale S/o Shri Harishchandra Govind Mahabale, Aged About 52 Years, R/o 303, Sai Sitara, Plot
- D 20 And 21, Sector - 6, New Panvel. At Present Working At Tata Power Renewable Energy Limited Corporate Centre, A Block 34, Sant Tukaram Road, Carnac Bunder Mumbai 400 009, A Company Incorporated Under The Provisions Of Companies Act, 1956 And Having Its Registered Office At C/o The Tata Power Company Limited Corporate Centre, A Block 34, Sant Tukaram Road, Carnac Bunder, Mumbai 400 009.
----Petitioners Versus
1. State Of Rajasthan, Through Pp
2. Dolat Singh S/o Shree Bhawar Singh, Aged About 36 Years, R/o Village Chhayan Jaisalmer.
----Respondents
For Petitioner(s) : Mr. Vinay Jain
For Respondent(s) : Mr. A.R. Choudhary, PP
Mr. Himanshu Purohit
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 20/11/2021
The present misc. petition has been filed for quashing the
FIR No.0074/2021 registered at Police Station Ramdevra, District
Jaisalmer for the offences under Sections 420, 406, 467, 468, 471
& 120-B of IPC qua the petitioners.
Heard learned counsel for the parties.
Learned counsel for the petitioners submits that the parties
have compromised the matter outside the Court. The
compromised deed filed is taken on record.
(2 of 2) [CRLMP-6205/2021]
The fact of compromise is not disputed by learned counsel
appearing for the respondent.
Learned counsel for the petitioners 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.0074/2021 registered at Police Station
Ramdevra, District Jaisalmer for the offences under Sections 420,
406, 467, 468, 471 & 120-B of IPC qua the petitioners is quashed
and set aside.
(VINIT KUMAR MATHUR),J
59-/Vivek/-
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