Allowed

Rajeev Kumar Sharma v. State of Rajasthan

Rajasthan HC22 Oct 2021CRLMP/134/2021

Case brief

AI extract

What is this about?

This order allows a miscellaneous petition to quash an FIR registered for offences under Sections 447 and 323 of the IPC. The High Court held that since a compromise was arrived at between the parties and the fact was undisputed, it was just and proper to exercise inherent powers to quash the proceedings.

What did the court decide?

The impugned FIR No. 237/2020 registered at Police Station Sukher, District Udaipur for offences under Sections 447 & 323 of IPC is quashed.

Rajeev Kumar Sharma Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc(Pet.) No. 134/2021

¶3

Rajeev Kumar Sharma S/o Mihi Lal Sharma, Aged About 55 Years, Plot No. 1 Sukher Palace, Near Lodha Petrol Pump, Sukher, Udaipur.

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through P.p.

¶7

Ranveer Singh S/o Late Yadvendra Singh, 425, Panchratan Road No. 3, Fatahpura, Ambamata, Udaipur.

¶8

----Respondents

¶9

For Petitioner(s) : Mr. Abhishek Charan For Respondent(s) : Mr. Arun Kumar, PP Mr. Dhirendra Singh for the complainant

¶10

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

¶11

Order

¶12

22/10/2021

¶13

The present misc. petition has been filed for quashing the FIR No. 237/2020 registered at Police Station Sukher, District Udaipur for the offence under Sections 447 & 323 of IPC.

¶14

Learned counsel for the petitioner submits that during the pendency of this petition, the parties have compromised the matter outside the Court. Learned counsel for the petitioner placed on record a certified copy of the compromise which was placed before the learned trial court.

¶15

The fact of compromise is not disputed by the learned counsel for the complainant-respondent No2.

¶16

Learned counsel for the petitioner has relied upon the judgment of the Hon’ble Supreme Court in the case of Gian

¶17

(2 of 2)

¶18

[CRLMP-134/2021]

¶19

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.

¶20

In view of the aforementioned compromise arrived at between the parties and considering the fact that the fact of compromise is not disputed as also applying law laid down in decision 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) , this Court deems it just and proper to invoke inherent powers under Section 482 Cr.P.C.

¶21

Accordingly, the present misc. petition is allowed and the impugned FIR No. 237/2020 registered at Police Station Sukher, District Udaipur for the offence under Sections 447 & 323 of IPC is quashed.

¶22

(VINIT KUMAR MATHUR),J

¶23

3-/Vivek/-

Rajeev Kumar Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajeev Kumar Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ramu Ram Vs State of Rajasthan

Umeda Ram Vs State of Rajasthan

Jasoda Mewara Vs State

Monu Vs State of Rajasthan

Kavita Vs State

Ramakishan Vs State