Allowed

Virender Parakh v. State of Rajasthan

Rajasthan HC8 Feb 2021CRLMP/621/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a miscellaneous petition quashing an FIR and related criminal proceedings based on a compromise between the parties, relying on the ratio of Gian Singh vs. State of Punjab.

What did the court decide?

The FIR No.5/2021 and the entire proceedings pertaining to offences under Sections 408, 418, 420, 467, 471, and 120-B of IPC qua the petitioners are quashed.

Virender Parakh Vs State of Rajasthan — Contract and Commercial Disputes | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 621/2021

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Virender Parakh S/o Shri Somchand Parkh, Aged About 55 Years, Pal Link Road, Devnagar, Jodhpur.

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Smt. Chandu Parakh W/o Shri Mahendra Parkh, Aged About 62 Years, 90, Ashok Nagar, Pal Link Road, Devnagar, Jodhpur.

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Narender Parakh S/o Shri Somchand Parakh, Aged About 57 Years, 90, Ashok Nagar, Pal Link Road, Devnagar, Jodhpur.

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Goruram S/o Shri Raval Ram, Aged About 24 Years, Manpura, Jhalamand, Kudi Bhagtasani, Jodhpur.

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R.k. Jalani S/o Shri Jethmal, Aged About 57 Years, Ashok Nagar, Pal Link Road, Devnagar, Jodhpur.

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p.

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Dhirender Parkh S/o Shri Surender Parkh, 2/270, 4Th Road, Sardarpura, Jodhpur.

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----Respondents

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For Petitioner(s)	: Mr.Devendra Singh.
For Respondent(s)	: Mr.Laxman Solanki, PP.
	Mr.Vishal Singhal on VC.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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08/02/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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Learned counsel for the petitioners and learned counsel for the complainant submit that the petitioners and the complainant have entered into a compromise in the on-going

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(2 of 2)

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[CRLMP-621/2021]

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criminal proceedings. It is thus submitted that the parties are not inclined to proceed further in the matter.

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Learned counsel for the parties have placed reliance on a decision of Supreme Court in case of Gian Singh V/s. State of

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Punjab & Anr. [(2012) 10 SCC 303] .

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Learned Public Prosecutor states that the compromise has happened between the parties and 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.

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In view of the compromise arrived at between the parties as well as the verification of factum thereof by the learned Public Prosecutor 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.

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Accordingly, the present misc. petition is allowed and the FIR No.5/2021 lodged at Police Station Dev Nagar, Jodhpur for the offence under Sections 408, 418, 420, 467, 471 & 120-B of IPC, along with entire proceedings pursuant thereto qua the petitioners are hereby quashed.

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Stay petition also stands disposed of.

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(DR. PUSHPENDRA SINGH BHATI),J

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108-SPhophaliya/Jitender/-

Virender Parakh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Virender Parakh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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