Allowed

Balveer Singh v. State of Rajasthan

Rajasthan HC7 Oct 2023CRLMP/451/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur quashed criminal proceedings under Sections 341, 323, 325/34 and 365/11 of IPC for offences involving non-death, due to a compromise between the parties, relying on the Supreme Court decision of Gian Singh.

What did the court decide?

The present miscellaneous petitions are allowed and proceedings in Criminal Case Nos. 160/2021 and 151/2021 are quashed.

Balveer Singh Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2023)

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[2023:RJ-JD:33719]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 451/2023

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Balveer Singh S/o Sh. Shankar Singh Ranawat, Aged About 33 Years, Khakhriya Ji Ka Khera, Badi Sadri, Chittorgarh, At Present Van Bhawan, Near Mehta Park, Chetak Circle, Udaipur (Raj.).

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Hemendra Singh S/o Sh. Kuber Singh Rajput, Aged About 48 Years, 33, Polo Ground, Fatehpura, Udaipur (Raj.).

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp 2. Madhav Suhalka S/o Rajeev Suhalka, Flate No. 504, Neptune Apartment, 170, New Fatehpura, Udaipur (Raj.).

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----Respondents

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Connected With

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S.B. Criminal Misc(Pet.) No. 444/2023

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Bheru Singh S/o Shri Ghanshyam Singh Rajput, Aged About 27 Years, R/o Village Guda, Shursingh, P.s. Siryari, District Pali (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp 2. Madhav Suhalka S/o Rajeev Suhalka, R/o Flat No. 504, Neptune Apartment, 170, New Fatehpura, Udaipur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. J.P. Bhardwaj For Respondent(s) : Mr. Mukhtiyar Khan, PP Mr. Anuj Sahlot, for the respondents

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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07/10/2023

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The instant criminal misc. petitions under Section 482 Cr.P.c. have been filed by the petitioners seeking quashing of the

[CRLMP-451/2023]

[2023:RJ-JD:33719]

(2 of 2)

proceedings in Criminal Case Nos.160/2021 and 151/2021 pending before the Additional Session Judge No.2, Udaipur for the offences under Sections 341, 323, 325/34 and 365/11 of IPC.

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Learned counsel for the petitioners submitted that the parties have settled their disputes and have arrived at a compromise.

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Learned counsel for the petitioners has placed reliance on a decision of Hon’ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in (2012)10 SCC 303] . He therefore prayed that the impugned proceedings may kindly be quashed.

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Learned counsel for the complainant concurs the factum of compromise and submits that in view of the compromise, the complainant is not inclined to proceed further in the matters.

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In view of compromise arrived at between the parties and applying the ratio in decision of Gian Singh (Supra) , this Court deems it just and proper to invoke inherent powers under Section 482 Cr.P.C.

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Accordingly, the present misc. petitions are allowed. All proceedings in Criminal Case Nos.160/2021 and 151/2021 pending before the Additional Session Judge No.2, Udaipur for the offences under Sections 341, 323, 325/34 and 365/11 of IPC, are quashed.

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(KULDEEP MATHUR),J

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S-4-5-KshamaD/-

Balveer Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Balveer Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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