Citation : 2023 Latest Caselaw 2677 Raj
Judgement Date : 4 April, 2023
[2023/RJJD/008323]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 981/2023
1. Om Singh S/o Dungar Singh Rajput, Aged About 52 Years, Bhaisrodgarh, Ps Bhaisrodgarh, Teh. Rawatbhata, Dist. Chittorgarh (Raj.).
2. Samundra Singh S/o Sambhu Singh Rajput, Aged About 48 Years, Bhaisrodgarh, Ps Bhaisrodgarh, Teh. Rawatbhata, Dist. Chittorgarh (Raj.).
3. Tej Singh S/o Durga Singh Rajput, Aged About 47 Years, Bhaisrodgarh, Ps Bhaisrodgarh, Teh. Rawatbhata, Dist. Chittorgarh (Raj.).
4. Ripendra Singh S/o Nahar Singh Rajput, Aged About 44 Years, Bhaisrodgarh, Ps Bhaisrodgarh, Teh. Rawatbhata, Dist. Chittorgarh (Raj.).
5. Narendra S/o Amar Singh Rajput, Aged About 43 Years, Bhaisrodgarh, Ps Bhaisrodgarh, Teh. Rawatbhata, Dist. Chittorgarh (Raj.).
6. Dilip Singh S/o Satya Narayan Singh Rajput, Aged About 38 Years, Bhaisrodgarh, Ps Bhaisrodgarh, Teh. Rawatbhata, Dist. Chittorgarh (Raj.).
7. Ranjeet Singh S/o Rajendra Singh Rajput, Aged About 38 Years, Bhaisrodgarh, Ps Bhaisrodgarh, Teh. Rawatbhata, Dist. Chittorgarh (Raj.).
8. Vikas Singh S/o Gajraj Singh, Aged About 32 Years, Bhaisrodgarh, Ps Bhaisrodgarh, Teh. Rawatbhata, Dist. Chittorgarh (Raj.).
9. Shakti Singh S/o Bhahadur Singh, Aged About 26 Years, Bhaisrodgarh, Ps Bhaisrodgarh, Teh. Rawatbhata, Dist. Chittorgarh (Raj.).
----Petitioners Versus
1. State Of Rajasthan, Through Pp
2. Satya Narayan S/o Ghanshyam Singh, Bhaisrodgarh, Ps Bhaisrodgarh, Teh. Rawatbhata, Dist. Chittorgarh (Raj.).
----Respondents
[2023/RJJD/008323] (2 of 3) [CRLMP-981/2023]
For Petitioner(s) : Mr. SS Paliwal
For Respondent(s) : Mr. Vikram Sharma, PP
Mr. Sameer Pareek for respondent
no.2
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
04/04/2023
The instant criminal misc. petition under Section 482 Cr.P.c.
has been filed by the petitioners for quashing of FIR No.09/2023
registered at Police Station Bhaisrodgarh, District Chittorgarh and
all consequential proceedings for offences under Sections 143,
384 of IPC on the basis of compromise entered between the
parties.
Learned counsel for the petitioners submits that the matter
has already been compromised between the parties which is borne
out from the compromise deed that the respondent No.2-
complainant is not inclined to proceed further in the matter.
Counsel has placed reliance on a decision of Supreme Court in the
case of Gian Singh Vs. State of Punjab & Anr. [(2012) 10
SCC 303]. In these circumstances, the impugned FIR and all
consequential proceedings may be quashed on the basis of
compromise.
Learned counsel for the respondent no.2 (complainant)
concurs the fact of compromise and submits that in view of the
compromise, respondent no.2 (complainant) does not want to
proceed further in the matter.
[2023/RJJD/008323] (3 of 3) [CRLMP-981/2023]
In view of compromise arrived at between the parties and
applying the ratio in decision of Gian Singh (Supra), I deem it
just and proper to invoke inherent powers of this Court under
Section 482 Cr.P.C.
Accordingly, the present misc. petition is allowed and the FIR
No.09/2023 registered at Police Station Bhaisrodgarh, District
Chittorgarh and all consequential proceedings for offences under
Sections 143, 384 of IPC lodged against the petitioners are hereby
quashed on the basis of compromise deed. Stay application also
decided accordingly.
(MANOJ KUMAR GARG),J 24-raksha/-
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