The High Court quashed FIR No.160/2020 against the petitioner for offences under Sections 420, 467, 447, and 120-B IPC based on a verified compromise between parties, applying the ratio in Gian Singh case.
The FIR No.160/2020 and criminal proceedings are quashed and set aside. The compromise application is disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 971/2021
Pappu Ram S/o Ram Chandra Ji, Aged About 39 Years, By Caste Meghwalon Ki Basti Village Doli, Tehsil Luni, District Jodhpur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. HR Soni For Respondent(s) : Mr. Arun Kumar, PP Mr. SS Ladrecha
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
04/08/2021
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.
Counsel for the petitioner and counsel for the private respondent jointly submits that they have arrived at a compromise, which is verified by the Lok Adalat in its order dated 10.07.2021, a certified copy whereof is on record.
In light of such compromise, the parties seek closure of the criminal proceedings arising out of the FIR impugned.
In view of compromise arrived at between the parties, and applying the ratio in decision of Gian Singh V/s. State of
(2 of 2)
[CRLMP-971/2021]
Punjab & Anr. [(2012) 10 SCC 303]., this Court deems it just and proper to invoke inherent powers under Section 482 Cr.P.C.
Accordingly, the present misc. petition is allowed and the FIR No.160/2020 lodged at Police Station Chopasni Housing Board, Jodhpur for the offence under Sections 420, 467, 447 and 120-B IPC qua the petitioner is quashed and set aside.
In case, JDA or the Municipality takes any action regarding the act in-question, they shall be at liberty to do so.
The application for taking the compromise on record is accordingly disposed of.
(DR. PUSHPENDRA SINGH BHATI),J.
195-nirmala/Sanjay-
2 issues framed by the court
Whether the criminal proceedings arising out of the FIR can be quashed in light of a verified compromise between the parties.
Whether the inherent powers under Section 482 Cr.P.C. can be invoked to quash the FIR given the compromise.
Colour shows how this judgement treated each authority
Gian Singh vs. State of PunjabApplied¶16
Gian Singh V/s. State of Punjab & Anr. [(2012) 10 SCC 303] · Who else cites this
1 provisions across 1 enactments
Pappu Ram
State Of Rajasthan
Narendra Raj Surana
Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
