The High Court at Jodhpur allowed the criminal miscellaneous petition and quashed the FIR and all related proceedings based on a verified compromise between parties, applying the ratio of Gian Singh V/s. State of Punjab & Anr. under Section 482 Cr.P.C.
The FIR No.109/2021 and entire proceedings pursuant thereto are quashed. Stay petition is disposed of.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 2285/2021
Balwant Singh S/o Sh. Chet Ram, Aged About 42 Years, B/c Jat, R/o Dhilki Jatan, Tehsil Nohar, Dist. Hanumangarh.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. S.D. Goswami For Respondent(s) : Mr. Arun Kumar, PP Mr. Ashok Kumar
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/09/2021
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.
Learned counsel for the petitioners as well as learned counsel for the respondent No.2 jointly submit that the parties have entered into a compromise.
Learned Public Prosecutor submitted the factual report, whereby the verification of compromise is indicated. The said factual report is taken on record.
Learned counsel for the parties have placed reliance on a decision of Supreme Court in case of Gian Singh V/s. State of
Punjab & Anr. [(2012) 10 SCC 303] .
(2 of 2)
[CRLMP-2285/2021]
In view of compromise arrived at between the parties as also the verification of factum of such compromise by the learned Public Prosecutor as well as the concerned investigating officer and applying the ratio of the decision in Gian Singh Vs. State of Punjab & Anr. (supra) , this Court deems it just and proper to invoke inherent powers of this Court under Section 482 Cr.P.C.
Accordingly, the present misc. petition is allowed and the FIR No.109/2021 registered at Police Station Pilibanga, District Hanumangarh alongwith the entire proceedings pursuant thereto are hereby quashed. Stay petition stands disposed of.
(DR.PUSHPENDRA SINGH BHATI),J.
15-Zeeshan
2 issues framed by the court
Whether the FIR and subsequent proceedings can be quashed upon a true compromise between the parties invoking inherent powers of the court.
Whether the ratio in Gian Singh V/s. State of Punjab & Anr. is applicable to quash the proceedings in the present case.
Colour shows how this judgement treated each authority
Gian Singh V/s. State of Punjab & Anr.Applied¶16
Gian Singh V/s. State of Punjab & Anr. [(2012) 10 SCC 303] · Who else cites this
1 provisions across 1 enactments
Balwant Singh S/o Sh. Chet Ram
State Of Rajasthan
Bhupendra Singh S/o Sh. Darshan Singh
Dr. Pusphendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
