The High Court of Rajasthan allowed a criminal miscellaneous petition under Section 482 Cr.P.C. to quash an FIR and consequential proceedings based on a compromise between the petitioner and the private complainant, relying on the ratio of Gian Singh.
FIR No.0024/2022 and all consequential proceedings in Criminal Regular Case No.413/2022 are quashed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 2263/2023
Manish Kumar S/o Jagram Gurjar, Aged About 27 Years, R/o Nayla Ki Dhani, Ralawta, District Dausa.
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. N.K. Gurjar |
|---|---|
| For Respondent(s) | : Ms. Anita Gehlot, PP |
| Mr. Mohit Sankhla |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
05/05/2023
The instant criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing of FIR No.0024/2022 registered at Police Station Mount Abu, District Sirohi for offence under Sections 457, 384 and 34 of IPC and all consequential proceedings in Criminal Regular Case No.413/2022 pending before learned Additional Chief Judicial Magistrate, Abu Parwat, District Sirohi on the basis of compromise entered between the parties.
Counsel for the petitioners submits that the matter has already been compromised between the parties and it is borne out from the compromise that respondent No.2-complainant is not inclined to proceed further in the matter. Counsel has placed reliance on a decision of Supreme Court in the case of Gian
[CRLMP-2263/2023]
(2 of 2)
Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303]. In these circumstances, the impugned FIR and all consequential proceedings may be quashed on the basis of compromise.
Counsel for the respondent No.2 (complainant) concurs the fact of compromise and submits that in view of the compromise, the respondent No.2 (complainant) does not want to proceed further in the matter.
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.
Accordingly, the present misc. petition is allowed and FIR No.0024/2022 registered at Police Station Mount Abu, District Sirohi for offence under Sections 457, 384 and 34 of IPC and all consequential proceedings in Criminal Regular Case No.413/2022 pending before learned Additional Chief Judicial Magistrate, Abu Parwat, District Sirohi lodged against the petitioner are hereby quashed on the basis of compromise deed.
(MANOJ KUMAR GARG),J
74-Rashi/-
1 issue framed by the court
Whether the impugned FIR and all consequential proceedings may be quashed on the basis of compromise entered between the parties.
Colour shows how this judgement treated each authority
Gian Singh Vs. State of Punjab & Anr.Relied on¶14
Gian Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303]. · Who else cites this
1 provisions across 1 enactments
Manish Kumar S/o Jagram Gurjar
State Of Rajasthan
Suresh Kumar S/o Deva Ram
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
