The Single Bench of the High Court of Rajasthan at Jodhpur allowed a criminal miscellaneous petition for quashing of an FIR and consequent proceedings under Sections 420 and 406 IPC based on a settlement between the parties, invoking inherent powers.
FIR No.307/2018 and all consequential proceedings for offences under Sections 420 and 406 IPC were 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.
[2023:RJ-JD:33213]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 2635/2019
Bhikha Ram S/o Shri Hari Ram, Aged About 52 Years, By Caste Bishnoi, R/o Village Data, Sanchore Police Station, District Jalore.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : | Mr. Jagdish Vishnoi |
|---|---|---|
| For Respondent(s) | : | Ms. Anita Gehlot, PP |
| Mr. J.K. Haniya, for respondents No.2 & 3 |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/10/2023
The instant criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing of FIR No.307/2018 registered at Police Station Sanchore, Distt. Jalore, as well as all consequential proceedings for offences under Sections 420 and 406 of IPC on the basis of compromise.
Counsel for the petitioner submits that the matter has already been compromised between the parties and it is borne out from the compromise that respondents No.2 & 3 are not inclined to proceed further in the matter. Counsel has placed reliance on a decision of Hon’ble Supreme Court in the case of Gian Singh Vs. State of
(2 of 2)
[2023:RJ-JD:33213]
[CRLMP-2635/2019]
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 respondents No.2 & 3 concurs the fact of compromise and submits that in view of the compromise, they 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 the FIR No.307/2018 registered at Police Station Sanchore, Distt. Jalore, as well as all consequential proceedings for offences under Sections 420 and 406 of IPC lodged against the petitioner is hereby quashed on the basis of compromise deed qua the petitioner only.
Stay petition is also decided.
(MANOJ KUMAR GARG),J
185-Ishan/-
1 issue framed by the court
Whether the FIR and consequential proceedings may be quashed under Section 482 Cr.P.C. in the light of a compromise between the parties.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
Bhikha Ram S/o Shri Hari Ram
State Of Rajasthan
Narpat Singh S/o Sh. Bhanwar Singh
Prakash S/o Sh. Mala Ram
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
