Jalam Singh vs State Of Rajasthan ...
2023 Latest Caselaw 9882 Raj

[2023:RJ-JD:39768]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7132/2023

Jalam Singh S/o Shri Mangal Singh, Aged About 48 Years, R/o Sirana, Tehsil Sayla, Dist. Jalore, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Narendra Pal Singh Shekhawat S/o Shri Onar Singh Shekhawat, R/o 163, Hanuwant-A, Bjs Colony, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Chakravarti Singh Rathore For Respondent(s) : Mr. Mahipal Bishnoi, PP Mr. Dinesh Deora, on behalf of Mr. Niranjan Singh Shekhawat, for complainant-respondent

HON'BLE MR. JUSTICE FARJAND ALI

Order

20/11/2023

1. The instant criminal miscellaneous petition has been filed

under Section 482 of the Cr.P.C. seeking quashing of proceedings

of Criminal Original Case No.5226/2016 (7358/2016) pending in

the court of ACMM Economic Offence Court, Jodhpur Metropolitan

and any other proceedings arising out of the First Information

Report (C.R.) No.376/2005 registered at the Police Station

Mahamandir, District Jodhpur for the offences under Sections

1420, 467, 468, 471, 473, 406, 474, 475, 120-B of the IPC and

Sections 2(C), 3, 4, 5, 6 and 10 of the Prize Chits and Money

Circulation Schemes (Banning) Act, 1978 read with Section 299 of

the CrPC.

2. It is submitted by counsel for the petitioner that the parties

have settled their dispute by way of compromise. Learned counsel

[2023:RJ-JD:39768] (2 of 2) [CRLMP-7132/2023]

has relied upon the judgment passed by the Hon'ble Supreme

Court in the matter of Gian Singh Vs. State of Punjab & Anr.

reported in 2012(10) SCC 303 and prayed that the FIR as well

all consequential proceedings pending against the petitioner be

quashed in view of the compromise between the parties.

3. Learned counsel for the complainant-respondent has admitted

the fact of compromise between the parties and expresses his

inclination in favour of quashing of the proceedings on the ground

of compromise.

4. Learned Public Prosecutor has opposed the petition.

5. Considering the facts and circumstances of the present case

and the fact that the parties have settled their dispute by way of

compromise and also following the judgment passed by the

Hon'ble Supreme Court in the matter of Gian Singh (supra), the

instant criminal miscellaneous petition is allowed and the entire

proceedings arising out of First Information Report (C.R.)

No.376/2005 registered at the Police Station Mahamandir, District

Jodhpur including Criminal Original Case No.5226/2016

(7358/2016) pending in the court of ACMM Economic Offence

Court, Jodhpur Metropolitan, qua the petitioner, are hereby

quashed.

6. The stay application also stands disposed of.

(FARJAND ALI),J 345-Pramod/-

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