Allowed

Zafar v. State of Rajasthan

Rajasthan HC3 Mar 2021CRLMP/202/2021

Case brief

AI extract

What is this about?

This criminal miscellaneous petition under Section 482 Cr.P.C. was filed to quash an FIR and related proceedings. The High Court, having recorded a compromise deed and relied on the ratio in Gian Singh, held it just and proper to exercise its inherent powers to quash the FIR and all proceedings against the petitioners based on the compromise.

What did the court decide?

F.I.R. No.6/2020 and all consequential proceedings for offences under Sections 420, 120-B IPC and 66-D IT Act are quashed on the basis of the compromise deed.

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

¶1

(1 of 2)

¶2

[CRLMP-202/2021]

¶3

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶4

S.B. Criminal Misc(Pet.) No. 202/2021

¶5

Zafar S/o Sattam, Aged About 55 Years, R/o Village Padla, Police Station Khoh, Dist. Bharatpur.

¶6

Mousam Khan S/o Jafar Khan, Aged About 18 Years, R/o Village Padla, P.s. Khoh, Dist. Bharatpur.

¶7

----Petitioners

¶8

Versus

¶9

State Of Rajasthan, Through Pp

¶10

Harjeet Singh S/o Sh. Sewa Singh, B/c Sikh Sardar, R/o 8-B-121, Kudi Bhagtasni Housing Board, Jodhpur.

¶11

----Respondents

¶12

For Petitioner(s) : Mr. Firoz Khan For Respondent(s) : Mr. Anees Bhurat, PP Mr. Arpit Samaria

¶13

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

¶14

Order

¶15

03/03/2021

¶16

The instant criminal misc. petition under Section 482 Cr.P.c. has been filed by the petitioner for quashing of F.I.R. No. 6/2020 registered at Police Station Kudi Bhagtasani, District Jodhpur, and all consequential proceedings for offences under Sections 420, 120-B of IPC and under Section 66-D IT Act on the basis of compromise.

¶17

Counsel for the petitioners 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 these circumstances, the impugned FIR and all consequential proceedings may be quashed on the basis of compromise.

¶18

(2 of 2)

¶19

[CRLMP-202/2021]

¶20

Counsel for the respondent No.2-complainant concurs the fact of compromise and submits that in view of the compromise, the respondent No.2-complainant does not want to proceed further in the matter.

¶21

In this regard, a compromise deed has been submitted by the parties and the same is hereby taken on record.

¶22

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.

¶23

Accordingly, the present misc. petition is allowed and the F.I.R. No.6/2020 registered at Police Station Kudi Bhagtasani, District Jodhpur and all consequential proceedings for offences under Sections 420, 120-B of IPC and 66-D IT Act against the petitioners are hereby quashed on the basis of compromise deed.

¶24

Stay petition is also decided accordingly.

¶25

(MANOJ KUMAR GARG),J

¶26

8-Samvedana/-

Zafar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Zafar 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

Ratan Sharma Vs State of Rajasthan

Laxmi Devi Vs State of Rajasthan

Pushpa Devi Vs State

Madhukar Bhansali Vs State of Rajasthan

Udai Singh Vs State of Rajasthan

Ramesh Rameshwar Lal Vs State