The High Court of Rajasthan allowed miscellaneous petitions seeking quashing of an FIR and subsequent proceedings under Sections 384 and 143 of the IPC based on a verified compromise between the petitioners and the complainant.
FIR No.115/2021 and entire proceedings under Sections 384 & 143 IPC qua the petitioners are quashed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 2341/2021
----Petitioners
Versus
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 4340/2021
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Kuldeep Sharma For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
13/09/2021
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 submits that the petitioners have entered into a compromise with the complainant and thus, the proceedings may be closed.
(2 of 2) [CRLMP-2341/2021]
Learned counsel for the petitioners has placed reliance on a decision of Supreme Court in case of Gian Singh V/s. State of Punjab & Anr. [(2012) 10 SCC 303] .
Learned Public Prosecutor states that the compromise has happened between the parties, and thus, the factum of such compromise has been verified by the concerned investigating officer. The factum of such compromise is also reflected in the factual report furnished by the learned Public Prosecutor. The said factual report is taken on record.
In view of the compromise arrived at between the parties as well as the verification of factum thereof by the concerned investigating officer on the strength of the aforementioned factual report and applying the ratio in decision of Gian Singh Vs. State of Punjab & Anr. (supra) , this Court deems it just and proper to invoke its inherent powers under Section 482 Cr.P.C.
In view of the above, the present misc. petitions are allowed and the FIR No.115/2021 registered at Police Station Kotwali Sriganganagar, District Srigangangar for the offences under Sections 384 & 143 of IPC, along with entire proceedings pursuant thereto, qua the petitioners, are hereby quashed.
(DR.PUSHPENDRA SINGH BHATI),J
209-210-Sudheer/-
1 issue framed by the court
Whether the quashing of proceedings is warranted in view of the compromise arrived at between the parties and the verification by the investigating officer.
Colour shows how this judgement treated each authority
Gian Singh V/s. State of Punjab & Anr.Applied¶26
Gian Singh V/s. State of Punjab & Anr. [(2012) 10 SCC 303] · Who else cites this
1 provisions across 1 enactments
Ranjeet Singh @ Jitu S/o Raghuveer Singh
Krishan Dutt Gill S/o Hari Chand Gil
State Of Rajasthan
Vijay Singh S/o Sagar Singh
DR. PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
