Aslam Shah vs State Of Rajasthan
2021 Latest Caselaw 15993 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Criminal Misc(Pet.) No. 5429/2021

1. Aslam Shah S/o Mohammad Munna Shah, aged about 30 years, By Caste Shah (Muslim), R/o Kumbhanagar, Police Station Sadar, District Chittorgarh.

2. Abid Hussain S/o Munna Shah, aged about 30 years, By caste Shah (Muslim), R/o Kumbhanagar, Police Station Sadar, District Chittorgarh.

----Petitioners Versus

1. State Of Rajasthan through P.P.

2. Manoj Devda S/o Satyanarayan Devda, by caste Devda, R/o Kumbhanagar, Police Station Sadar, District Chittorgarh

----Respondents

For Petitioner(s) : Mr. N.K. Gurjar For Respondent(s) : Mr. S.K. Bhati, PP Mr. Ashok Khilery for the complainant

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

22/10/2021

The present misc. petition has been filed for quashing the

FIR No. 393/2020 registered at Police Station Sadar, District

Chittorgarh for the offence under Sections 365, 341, 323 & 392 of

IPC.

Learned counsel for the petitioner submits that the parties

have compromised the matter outside the Court and the

compromise deed is placed on record.

Learned Public Prosecutor submits that the fact of

compromise is verified by the Investigating Officer. The

compromise is not disputed by the learned counsel for the

complainant-respondent No2.

(2 of 2) [CRLMP-5429/2021]

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 submits that the proceedings arising out of 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 complainant as also

applying 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. 393/2020 registered at Police Station Sadar,

District Chittorgarh for the offence under Sections 365, 341, 323 &

392 of IPC is quashed.

(VINIT KUMAR MATHUR),J

51-/Vivek/-

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