Allowed

Kundan Singh v. State of Rajasthan

Rajasthan HC3 Aug 2023CRLMP/100/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan quashed FIR No.105/2022 for cheating and criminal conspiracy under IPC Sections 420, 406 and 120-B, directing inactivation of consequential proceedings based on a compromise deed between the petitioner and the complainant, relying on Gian Singh.

What did the court decide?

FIR No.105/2022 and all consequential proceedings for offences under Sections 420, 406 and 120-B IPC are quashed.

Kundan Singh Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc(Pet.) No. 100/2023

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Kundan Singh S/o Takhat Singh Chouhan Rajput, Aged About 65 Years, R/o Peeth Tehsil Simalwara Dhambola Ps Dist. Dungarpur

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Pp

¶7

Utsav Rawal S/o Kanhaiya Lal Rawal Sevak, R/o Nearby Keshariya Ji Mandir Vill. And Post Keshariya Ji Ps Keshariya Ji Dist. Udaipur

¶8

----Respondents

¶9

For Petitioner(s)	: Mr. Surendra Singh Shaktawat Mr. Bhanu Pratap Singh Mr. Kundan Singh, present-in-person
For Respondent(s)	: Mr. Laxman Solanki, PP
	Mr. Rahul Batty for respondent No.2
	Mr. Utsav, present-in-person

¶10

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

¶11

Order

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03/08/2023

¶13

The instant criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing the FIR No.105/2022 registered at Police Station Dhambola, District Dungarpur for the offences under Sections 420, 406 and 120-B of the IPC.

¶14

Learned counsel for the petitioners submits that the matter has already been compromised between the parties which is borne out from the compromise deed that the respondent No.2 complainant is not inclined to proceed further in the matter. Learned counsel has placed reliance on a decision of Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr.

¶15

[CRLMP-100/2023]

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(2 of 2)

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[(2012) 10 SCC 303] . In these circumstances, the FIR may be quashed and set aside on the basis of compromise.

¶18

Learned counsel for the complainant concurs the fact of compromise and submits that in view of the compromise, he does not want to proceed further in the matter.

¶19

In view of compromise arrived at between the parties and applying the ratio in decision of Gian Singh (Supra) , I deem it just and proper to invoke inherent powers of this Court under Section 482 Cr.P.C.

¶20

Accordingly, the present misc. petition is allowed and the FIR No.105/2022 registered at Police Station Dhambola, District Dungarpur and all consequential proceedings for offences under Section 420, 406 and 120-B of IPC lodged against the petitioners are hereby quashed on the basis of compromise deed.

¶21

Stay petition also decided accordingly.

¶22

(MADAN GOPAL VYAS),J

¶23

459-neha/-

Kundan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kundan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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