This order allowed a criminal miscellaneous petition and quashed the FIR and subsequent proceedings based on a proven compromise between the parties, invoking inherent powers under Section 482 Cr.P.C. and applying the ratio of Gian Singh Vs. State of Punjab.
The FIR No.42/2021 and entire proceedings qua the petitioner are quashed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 2519/2021
Rajendra Singh S/o Nahar Singh, Aged About 40 Years, B/c Rajput, Ghinwa, P.s. Sadar Nimbahera, Teh. Nimbahera, Dist. Chittorgarh.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Ashok Kumar |
|---|---|
| For Respondent(s) | : Mr. Mahipal Bishnoi PP |
| Ms. Shobha Prabhakar |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/08/2021
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 petitioner and learned counsel for the complainant/respondent No.2 jointly submit that there has been a compromise between the parties in relation to the private dispute.
The report dated 26.07.2021 regarding verification of the compromise done before the Registrar (Judicial) of this Hon’ble Court is on record.
(2 of 2)
[CRLMP-2519/2021]
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] .
Learned Public Prosecutor also verifies the factum of compromise between the parties.
In view of compromise arrived at between the parties as well as the verification of factum thereof in the aforementioned report dated 26.07.2021 of the Registrar (Judicial) of this Hon’ble Court 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.
Accordingly, the present misc. petition is allowed and the FIR No.42/2021 lodged at Police Station Mangalwar, District Chittorgarh for the offences under Sections 342, 323 & 283 of IPC and Sections 3(1)(r), 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989, along with entire proceedings pursuant thereto, qua the petitioner, is hereby quashed.
(DR.PUSHPENDRA SINGH BHATI),J.
9-SKant/-
1 issue framed by the court
Whether the quashing of the FIR under Section 482 Cr.P.C. is justified in view of the compromise between the parties.
Colour shows how this judgement treated each authority
Gian Singh Vs. State of Punjab & AnrApplied¶18
[(2012) 10 SCC 303] · Who else cites this
1 provisions across 1 enactments
Rajendra Singh
State Of Rajasthan
Chandan Singh
Dr. Puspendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
