Allowed

Raju @ Kishore Singh v. State of Rajasthan

Rajasthan HC5 Jul 2023CRLMP/304/2022

Case brief

AI extract

What is this about?

High Court of Rajasthan quashed FIR No.653/2021 and consequential proceedings against petitioners under IPC Sections 143, 341, 323, 379 based on a compromise entered between parties, applying the ratio of Gian Singh Vs. State of Punjab.

What did the court decide?

FIR No.653/2021 and all consequential proceedings for offences under Sections 143, 341, 323, 379 of IPC were quashed.

Raju @ Kishore Singh Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2023)

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[2023:RJ-JD:19719]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 304/2022

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Shri Raju @ Kishore Singh S/o Sh. Shyam Singh Rajput, Aged About 25 Years, R/o Chaprasi Colony, Gaytari Nagar, Near Pathwari, Ps Pratap Nagar, Bhilwara.

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Sh. Shankar Mali S/o Sh. Jasraj Mali, Aged About 22 Years, R/o Babadham Colony, Ps Pratap Nagar, Bhilwara.

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Sh. Bhairu Rawat S/o Sh. Shyam Singh Rajput, Aged About 25 Years, R/o Chaprasi Colony, Gaytari Nagar, Near Pathwari, Ps Pratap Nagar, Bhilwara.

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Sh. Akash Ranawat S/o Sh. Rakesh Ranawat, Aged About 22 Years, R/o Rk Colony, Ps Subhash Nagar, Bhilwara.

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Sh. Hani Lot S/o Sh. Raju Harijan, Aged About 33 Years, R/o Harijan Basti, Ps City Kotwali, Bhilwara.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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Sh. Mahendra Kumar S/o Sh. Laxman Lal Prajapat, Aged About 26 Years, R/o 891, Sanjay Colony, Ps Subhash Nagar, Bhilwara.

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----Respondents

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For Petitioner(s) : Mr. RC Purohit For Respondent(s) : Mr. Mahipal Bishnoi, PP assisted by Mr. Chetan Prakash Marwan Mr. Bhagat Dadhich

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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05/07/2023

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The instant criminal misc. petition under Section 482 Cr.P.c. has been filed by the petitioners for quashing of criminal proceedings in F.I.R No.653/2021 registered at Police Station Pratap Nagar, District Bhilwara for offences under Sections 143,

[2023:RJ-JD:19719]

[CRLMP-304/2022]

(2 of 2)

341, 323, 379 of IPC on the basis of compromise entered between the parties.

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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.2complainant 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.

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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.

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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.

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Accordingly, the present misc. petition is allowed and the FIR No.653/2021 registered at Police Station Pratap Nagar, District Bhilwara and all consequential proceedings for offences under Sections 143, 341, 323, 379 of IPC lodged against the petitioners are hereby quashed on the basis of compromise deed.

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Stay petition also decided accordingly.

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(MANOJ KUMAR GARG),J

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11-raksha/-

Raju @ Kishore Singh v. State of Rajasthan

Case brief

What is this about?

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Raju @ Kishore Singh v. State of Rajasthan

Case brief

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