Chirag Paliwal vs State Of Rajasthan ...
2023 Latest Caselaw 9066 Raj

[2023:RJ-JD:37586]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6875/2023

Chirag Paliwal S/o Sundar Lal Paliwal, Aged About 28 Years, R/o- Chhoti Morwad, Pipalantri, Tehsil And District Rajsamand, Rajasthan

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Sultan Singh Panwar S/o Shambhu Singh Panwar, Aged About 31 Years, R/o- Near Bus Stand, Piparada Tehsil And District Rajsamand, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Pritam Joshi For Respondent(s) : Mr. SS Rajpurohit, PP Mr. Pratap Singh

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

03/11/2023

The instant criminal misc. petition under Section 482 Cr.P.c.

has been filed by the petitioner for quashing of FIR No.229/2023

registered at Police Station Rajnagar, District Rajsamand and all

consequential proceedings for offence under Sections 308, 323,

341 IPC on the basis of compromise entered between the parties.

Counsel for the petitioner submits that the matter has

already been compromised between the parties and it is borne out

from the compromise that 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

[2023:RJ-JD:37586] (2 of 2) [CRLMP-6875/2023]

these circumstances, the impugned FIR and all consequential

proceedings may be quashed on the basis of compromise.

Counsel for the respondent No.2-complainant concurs the

fact of compromise and submits that in view of the compromise,

the respondents No.2-complainant does not want to proceed

further in the matter.

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.229/2023 registered at Police Station Rajnagar, District

Rajsamand and all consequential proceedings for offence under

Sections 308, 323, 341, IPC are hereby quashed qua the

petitioner on the basis of compromise deed.

Stay application also decided.

(MANOJ KUMAR GARG),J 329-MS/-

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