Harshvardhan Khandelwal vs State Of Rajasthan
2021 Latest Caselaw 17936 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6542/2021

1. Harshvardhan Khandelwal S/o Vishal Khandelwal, Aged About 26 Years, R/o Murli Bhawan, Ghanciyon Ka Baas, Sivanchi Gate, Khandafalsa, Jodhpur, P.s. Khandafalsa, Dist. Jodhpur.

2. Vishal Khandelwal S/o Prem Narayan Khandelwal, Aged About 50 Years, R/o Murli Bhawan, Ghanciyon Ka Baas, Sivanchi Gate, Khandafalsa, Jodhpur, P.s. Khandafalsa, Dist. Jodhpur.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Garvita Dave D/o Chandan Kanwar Dave, Near Mahadev Mandir, Bagi Pole, Chandpole, Khandafalsa, Dist. Jodhpur.

                                                  ----Respondents


For Petitioner(s)          :     Mr. J.K. Haniya
For Respondent(s)          :     Mr. S.K. Bhati, PP
                                 Mr. Ashok Khilery

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

29/11/2021

Defect pointed out by the Office is overruled.

The present misc. petition has been filed for quashing of

criminal proceedings pending against the petitioners before the

Addtional Civil-cum-Judicial Magistrate, Court No.1, Jodhpur

Metropolitan, in connection with FIR No.83/2021 dated

04.06.2021 registered at Police Station Khanda Falsa, District

Jodhpur for the offences under Sections 354(A)(D), 506, 509 & 34

of IPC and under Section 67 of Information Technology Act.

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 is placed on record.

(2 of 2) [CRLMP-6542/2021]

The fact of compromise is not disputed by learned counsel

appearing for the respondent No.2.

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 said 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 No.2 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

criminal proceedings pending before the Addtional Civil-cum-

Judicial Magistrate, Court No.1, Jodhpur Metropolitan, in

connection with FIR No.83/2021 dated 04.06.2021 registered at

Police Station Khanda Falsa, District Jodhpur for the offences

under Sections 354(A)(D), 506, 509 & 34 of IPC and under

Section 67 of Information Technology Act is quashed and set

aside.

(VINIT KUMAR MATHUR),J 216-/Vivek/-

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