This order quashes FIR No.77/2018 and ensuing proceedings for Sections 420 and 406 IPC based on a compromise between the petitioner and complainant, relying on the Gian Singh decision and inherent powers under Section 482 Cr.P.C.
FIR No.77/2018 for offences under Sections 420 and 406 IPC and entire proceedings are quashed.
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. 95/2019
Sher Singh S/o Arjun Singh Rajpurohit, Aged About 30 Years, Village Sangaria, Dist Jodhpur
----Petitioner
Versus
----Respondents Connected With
----Petitioners
Versus
----Respondents
| For Petitioner(s) | : Mr. Dinesh Vishnoi with |
|---|---|
| Ms. Suchna Kumari | |
| For Respondent(s) | : Mr. Mahipal Bishnoi, PP |
| Mr. Atul Kumar Dobhal |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/09/2022
(2 of 2)
[CRLMP-95/2019]
petitioner and the complainant have entered into a compromise in the on-going criminal proceedings. It is thus submitted that the parties are not inclined to proceed further in the matter.
of Punjab & Anr. (supra) , this Court deems it just and proper to invoke its inherent powers under Section 482 Cr.P.C.
(DR.PUSHPENDRA SINGH BHATI), J.
27-28-Jitender/nirmala
2 issues framed by the court
Whether the FIR and entire criminal proceedings for cheating and criminal breach of trust can be quashed in light of a compromise between parties.
Whether the Supreme Court decision in Gian Singh G.S. can be applied to justify invoking inherent powers under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Gian Singh V/s. State of Punjab & Anr.Relied on¶24
Gian Singh V/s. State of Punjab & Anr. [(2012) 10 SCC 303] · Who else cites this
Gian Singh Vs. State of Punjab & Anr.Relied on¶26
Gian Singh Vs. State of Punjab & Anr. (supra)
1 provisions across 1 enactments
Sher Singh S/o Arjun Singh Rajpurohit
State Of Rajasthan
Ashwini Kumar Soni S/o Ghanshyam Soni
Puspendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
