Allowed

Pathik Nagar v. State of Rajasthan

Rajasthan HC10 Sept 2021CRLMP/1108/2021

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed a miscellaneous petition and discharged the petitioner of offences under Sections 147 and 149 of IPC. The Court invoked inherent powers under Section 482 Cr.P.C. based on a compromise between parties and an earlier order partially accepting it, relying on the Supreme Court decision in Gian Singh.

What did the court decide?

The petitioner is discharged of the offence under Section 147 and 149 of IPC; all pending applications are disposed of.

Pathik Nagar Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 1108/2021

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Pathik Nagar S/o Shri Yagyesh Nagar, Aged About 29 Years, 63, Gangor Ghat, Police Station Ghantaghar, District Udaipur.

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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Bhuvneshwar S/o Shri Gajendra Sanadhya, 91, Variyo Ki Ghati, Police Station Ghantaghar, District Udaipur.

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----Respondents

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For Petitioner(s)	: Mr. SanjayMathur.
For Respondent(s)	: Mr. Gaurav Singh,PP.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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10/09/2021

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In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

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Learned counsel for the petitioner submits that the FIR in question has been compromised by the parties. Learned counsel for the petitioner has drawn attention of this Court to the order sheet dated 26.08.2019 which is on record.

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The order sheet reflects that the compromise in question has been partly accepted by the learned Court below to the extent of Sections 341 and 323 of IPC and disallowing it for Sections 147 and 149 of IPC.

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Learned counsel for the petitioner has placed reliance on a decision of Supreme Court in case of Gian Singh V/s. State

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of Punjab & Anr. [(2012) 10 SCC 303] .

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(2 of 2)

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[CRLMP-1108/2021]

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In view of compromise arrived at between the parties as well as the aforesaid order dated 26.08.2019 of the learned court below and applying the ratio in decision of Gian Singh Vs.

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State of Punjab & Anr. (supra) , this Court deems it just and proper to invoke its inherent powers under Section 482 Cr.P.C.

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Accordingly, the present misc. petition is allowed and the petitioner is discharged of the offence under Section 147 and 149 of IPC as well, in relation to Criminal Case No.14267/2014 pending before learned Special Additional Chief Judicial Magistrate, PCPNDT Act Cases, Udaipur.

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All pending applications stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI),J.

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155-jitender/Sphophaliya/-

Pathik Nagar v. State of Rajasthan

Case brief

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Pathik Nagar v. State of Rajasthan

Case brief

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