Deepak v. State
Case brief
What is this about?
This High Court allowed connected criminal miscellaneous petitions and quashed an FIR lodged for offences under Sections 420, 406, and 120-B of IPC. The decision relied on a compromise between the complainant and petitioners, verified by the Public Prosecutor, applying the ratio of Gian Singh.
What did the court decide?
FIR No. 309/2020 and entire proceedings pursuant thereto for offences under Sections 420, 406 & 120-B of IPC are quashed.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 489/2021
- Shekhar Siddhram Jyoti S/o Sh. Siddhram Dattatreya Jyoti, Aged About 57 Years, (Jyoti Shekhar In Fir), COO Officials, M/s Videocon Industries Ltd., Aurangabad (Maharasthra).
- Sanjay Kumar S/o Sh. Saubhagya Mal Palecha, Aged About 50 Years, CFO Officials, M/s Videocon Industries Ltd., Aurangabad (Maharasthra).
- M/s Videocon Industries Ltd., 14 Kilometre Stone, Aurangabad, Pretan Road, Cete Gaon, Taluka, Pathar, Aurangabad-431105 (Maharastra) Including All Directos As Per Registration, Names Not Known, Through R.p. Sh. Guhathakurta.
----Petitioners
Versus
- State Of Rajasthan, Through Pp
- Swayam Prakash Rathi S/o Om Prakash Rathi, R/o 92, Shubham Farm, Pal Road, Jodhpur, Dist. Jodhpur, Rajasthan.
----Respondents
Connected With
Issues for consideration
2 issues framed by the court
Whether the FIR and proceedings can be quashed upon a compromise between the parties in a fraud case.
Whether the application of the ratio in Gian Singh justifies invoking inherent powers under Section 482 Cr.P.C.
Parties & counsel
- petitioner
Shekhar Siddhram Jyoti
- petitioner
Sanjay Kumar
- petitioner
M/s Videocon Industries Ltd.
- petitioner
Deepak S/o Shri Devendra Kumar Agarwal
- petitioner
Nirmit Kothari
- respondent
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · January
- Registered
- Case no.
- CRLMP/4/2021
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