This order quashes FIR No. 552/2022 and all consequentially proceedings for cheating and criminal conspiracy after finding a compromise between parties, relying on the ratio in Gian Singh Vs. State of Punjab.
FIR No. 552/2022 and all consequential proceedings under Sections 420, 406, and 120B IPC quashed based on compromise deed.
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[2023/RJJD/011886]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 817/2023
Dharma Singh S/o Nimb Singh, Aged About 35 Years, R/o Vankalpura Mahabar, Tehsil and District Barmer.
----Petitioner
Versus
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 317/2023
Virendra Soni S/o Bhanwar Lal, Aged About 24 Years, R/o Hamir Pura, Near Ganga School, Barmer, Tehsil And District Barmer.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. RJ Punia Mr. Rajesh Bhargava For Respondent(s) : Mr. NS Bhati, PP Mr. CS Rathore
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
25/04/2023
The instant criminal misc. petitions under Section 482 Cr.P.c. have been filed by the petitioners for quashing of FIR No.552/2022 registered at Police Station Kotwali, District Barmer and all consequential proceedings for offence under Sections 420, 406, & 120B IPC.
[2023/RJJD/011886]
[CRLMP-817/2023]
(2 of 2)
Counsels for the petitioners submit 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 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 respondents No.2-complainant concurs the fact of compromise and submits that in view of the compromise, the respondents 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. petitions are allowed and the FIR No.552/2022 registered at Police Station Kotwali, District Barmer and all consequential proceedings for offence under Sections 420, 406, & 120B IPC lodged against the petitioners are hereby quashed on the basis of compromise deed.
Stay applications also decided.
(MANOJ KUMAR GARG),J
149 & 150-MS/-
2 issues framed by the court
Whether the FIR and consequential proceedings should be quashed under Section 482 Cr.P.C. on account of compromise between parties
Whether the ratio in Gian Singh Vs. State of Punjab supports quashing based on compromise in case of cheating and criminal conspiracy
Colour shows how this judgement treated each authority
Gian Singh Vs. State of Punjab & Anr.Relied on¶26
Gian Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303] · Who else cites this
1 provisions across 1 enactments
Dharma Singh S/o Nimb Singh
Virendra Soni S/o Bhanwar Lal
State Of Rajasthan
Ashu Ram S/o Khema Ram
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
