Partly allowed

Jitendra Singh v. State of Rajasthan

Rajasthan HC23 Oct 2021CRLMP/1615/2021

Case brief

AI extract

What is this about?

The High Court of Judicature for Rajasthan at Jodhpur dismissed one criminal miscellaneous petition as infructuous due to the disposal of a connected petition. In the connected petition, the Court quashed an FIR invoking inherent powers on account of a compromise between parties, relying on Supreme Court ratios.

What did the court decide?

One criminal miscellaneous petition dismissed as infructuous; the connected petition allowed and the impugned FIR quashed.

Jitendra Singh Vs State of Rajasthan — Cheque Dishonour | 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. 3812/2020

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Inder Singh S/o Samander Singh, Aged About 37 Years, Village Chatwada, Tehsil Raniwada, District Jalore.

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Jitendra Singh S/o Durg Singh, Aged About 25 Years, 135, Mahadev Nagar, Near Bsf Training Center, Balsamand, Jodhpur, District Jodhpur.

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----Petitioners

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Versus

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State, Through P.p.

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Superintendent Of Police, District Jalore.

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Station House Officer, Police Station Ahore, District Jalore. 4. Ghewar Singh, Sub Inspector At Presently Working As Sho Police Station Ahore, District Jalore.

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----Respondents

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Connected With

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S.B. Criminal Misc(Pet.) No. 1615/2021

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Jitendra Singh S/o Durg Singh, Aged About 25 Years, R/o 135, Mahadev Nagar, Near Bsf Training Center, Balsamand Jodhpur Dist. Jodhpur.

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Jiwan Singh S/o Shyam Singh, Aged About 32 Years, R/o Village Jhalamand, Jodhpur.

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Kishan Prajapat S/o Ram Lal Ji Prajapat, Aged About 28 Years, R/o Jhalamand, Jodhpur.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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Jawaharmal S/o Sona Ji Soni, R/o Village And Post Harji, Ahore, Dist. Jalore.

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----Respondents

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For Petitioner(s) : Mr. Moti Singh For Respondent(s) : Mr. Arun Kumar, PP

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

(2 of 3)

[CRLMP-3812/2020]

Order

23/10/2021

S.B. Criminal Misc(Pet.) No. 3812/2020

¶28

In view of the order passed in S.B. Criminal Misc. Petition No.1615/2021, nothing survives in the present misc. petition.

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The misc. petition is accordingly dismissed as having become infructuous.

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S.B. Criminal Misc(Pet.) No. 1615/2021

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Learned counsel for the petitioner submits that during pendency of the present petition, the parties have entered into a compromise. Learned counsel for the petitioner has placed reliance of the decision of Supreme Court in the case 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).

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Learned Public Prosecutor as per the factual report submits that the fact of compromise is not disputed as the same has been verified before the Investigating Officer. The factual report is taken on record.

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In view of the aforementioned compromise arrived at between the parties as well as verification thereof by the investigating officer and applying the ratio in the cases 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) ,

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(3 of 3)

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[CRLMP-3812/2020]

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this Court deems it just and proper to invoke inherent powers under Section 482 Cr.P.C.

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Accordingly, the present misc. petition is allowed and the impugned FIR No.181/2020 registered at Police Station Ahore, District Jalore (Raj.) for the offence under Sections 420, 467, 468, 471 & 120-B of IPC is quashed.

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(VINIT KUMAR MATHUR),J

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12-13/praveen/-

Jitendra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jitendra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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