Held that the FIR and proceedings are quashed on the basis of a compromise between the parties, applying the ratio in Gian Singh Vs. State of Punjab.
FIR No.191/2021 and all consequential proceedings are quashed on the basis of the compromise deed.
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[2023:RJ-JD:34995]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 2684/2021
----Petitioners
Versus
----Respondents
| For Petitioner(s) | : Mr. Khet Singh Rajpurohit |
|---|---|
| For Respondent(s) | : Mr. Vikram Sharma, PP |
| Mr. Arvind Singh and Mr. Yashpal | |
| Singh Rajpurohit |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
13/10/2023
The instant criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing the FIR No.191/2021 registered at Police Station Jalore, District Jalore for offences under Sections 341, 394 & 34 of IPC and Sections 3(1)(r)
(2 of 2)
[2023:RJ-JD:34995]
[CRLMP-2684/2021]
(w) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act 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 is not inclined to proceed further in the matter. Counsel has placed reliance on a decision of Supreme Court in the case of Gian 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 concurs the fact of compromise and submits that in view of the compromise, the respondent No.2 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 qua the petitioners and the FIR No.191/2021 registered at Police Station Jalore, District Jalore for offences under Sections 341, 394 & 34 of IPC and Sections 3(1)(r)(w) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act is hereby quashed on the basis of compromise deed.
Stay petition also stands disposed of.
(MANOJ KUMAR GARG),J
316-Rashi/-
1 issue framed by the court
Whether the FIR and consequential proceedings can be quashed on the basis of a compromise between the parties.
Colour shows how this judgement treated each authority
Gian Singh Vs. State of Punjab & Anr.Relied on¶22
Gian Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303] · Who else cites this
1 provisions across 1 enactments
Kewal Das S/o Shri Sawa Ram
Suresh S/o Shri Kewal Das
Praveen S/o Shri Kewal Das
Sharwan Das S/o Shri Anada Ram
State Of Rajasthan
Suresh Kumar S/o Shri Natha Ram
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Manoj Kumar Garg
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