Allowed

Laksham Singh S/O Ganpat Ram v. State of Rajasthan

Rajasthan HC14 Dec 2022CRLMP/8768/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a criminal miscellaneous petition filed under Section 482 Cr.P.C. to quash an FIR. The court, relying on the principle of Gian Singh, accepted that the dispute between accused-petitioners and the complainant was amicably settled and there was no pending dispute.

What did the court decide?

FIR No.167/2022 registered at Police Station Bisau, District Jhunjhunu, is quashed qua the petitioners. Stay application is disposed of.

Laksham Singh S/O Ganpat Ram Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 8768/2022

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Laksham Singh S/o Ganpat Ram, Residnet Of Village Anandpura, Gram Panchayat Kant,tehsil Malsisar, District Jhunjhunu (Raj.)

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Sultan Khichar S/o Ganpat Ram, Residnet Of Village Anandpura, Gram Panchayat Kant,tehsil Malsisar, District Jhunjhunu (Raj.)

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Parmendra S/o Mahaveer Khichar, Residnet Of Village Anandpura, Gram Panchayat Kant,tehsil Malsisar, District Jhunjhunu (Raj.)

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Indraj S/o Purn Mal, Residnet Of Village Anandpura, Gram Panchayat Kant,tehsil Malsisar, District Jhunjhunu (Raj.)

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Sanjay S/o Ramjilal Khichar, Residnet Of Village Anandpura, Gram Panchayat Kant,tehsil Malsisar, District Jhunjhunu (Raj.)

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Narendra Khichar S/o Pratao Khichar, Residnet Of Village Anandpura, Gram Panchayat Kant,tehsil Malsisar, District Jhunjhunu (Raj.)

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Deep Chand S/o Ramswroop, Residnet Of Village Anandpura, Gram Panchayat Kant,tehsil Malsisar, District Jhunjhunu (Raj.)

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----Petitioners

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Versus

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State Of Rajasthan, Through Public Prosecutor

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Station House Officer, Police Station Bisau, District, Jhunjhunu(Raj)

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Prameshvari Devi W/o Rakesh Punia, Sarpnach Gram Panchayat Kant, Tehsil Malsisar, District Jhunjhunu(Raj.)

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----Respondents

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For Petitioner(s) : Mr. Majhar Hussain For Respondent(s) : Mr. Riyasat Ali, PP Mr. Riyaz Ahmad Mr. Sameer Khan

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

(2 of 3)

[CRLMP-8768/2022]

Order

14/12/2022

Instant petition under Section 482 Cr.P.C., has been submitted by the accused-petitioners for quashing of FIR No.167/2022, registered at Police Station Bisau District Jhunjhunu, for the offences punishable under Sections 143, 447, 427, 379, 506 IPC qua the petitioners.

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Counsel for the petitioners submits that during pendency of investigation, the petitioners have entered into a compromise with the complainant and the copy of the compromise has already been submitted before the Investigating Officer, who has duly verified the same. Counsel submits that now no dispute remains pending between the parties, so, the FIR may be quashed on the basis of compromise.

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Learned Public Prosecutor assisted by counsel for the complainant, accepts the factum of compromise and submits that the parties have entered into a compromise and resolved their dispute amicably.

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Heard and considered the submissions made by counsel for the parties.

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In view of the submissions made hereinabove and considering the fact that the parties have resolved their dispute amicably and the present case is covered by the principles laid down by the Hon’ble Apex Court in the case of Gian Singh vs. State of Punjab and anr. reported in 2012 (10) SCC 303 , the abovesaid FIR is liable to be quashed in view of the compromise arrived at between the parties.

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(3 of 3)

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[CRLMP-8768/2022]

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In view of the above, instant petition is allowed and the FIR No.167/2022, registered at Police Station Bisau District Jhunjhunu, is quashed qua the petitioners.

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Stay application also stands disposed of.

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(ANOOP KUMAR DHAND),J

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HEENA GANDHI /128

Laksham Singh S/O Ganpat Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Laksham Singh S/O Ganpat Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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