Allowed

Shravan Kumar v. State of Rajasthan

Rajasthan HC28 Nov 2023CRLMP/7430/2023

Case brief

AI extract

What is this about?

Single Judge order quashing an FIR registered for cheating and forgery offences under Section 482 Cr.P.C. on the ground of compromise and settlement between parties with reference to Supreme Court judgment Gian Singh.

What did the court decide?

The instant criminal miscellaneous petition is allowed and the entire proceedings in connection with the First Information Report mentioned above and all consequential proceedings, qua the petitioner,

Shravan Kumar Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2023)

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[2023:RJ-JD:41046]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 7430/2023

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Shravan Kumar S/o Gopi Ram, Aged About 40 Years, R/o Jankidaswala, Tehsil Suratgarh, Dist. Sri Ganganagar.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Aanand Kumar S/o Visavnath, Aged About 42 Years, R/o Ward No. 24 Current Ward No. 11, Tehsil Suratgarh, Dist. Sriganganagar.

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----Respondents

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For Petitioner(s) : Mr. Suryadeep For Respondent(s) : Mr. S.K. Bhati, PP Mr. Mohan Ram Choudhary for the complainant

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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28/11/2023

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The instant criminal miscellaneous petition has been filed under Section 482 of the Cr.P.C. seeking quashing of the First Information Report No.249/2023 registered at the Police Station Suratgarh, District Sri Ganganagar for the offence under Sections 420, 467, 468, 471 and 120-B of the IPC.

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It is submitted by counsel for the petitioner that the parties have settled their dispute by way of compromise. Learned counsel has relied upon the judgment passed by the Hon'ble Supreme Court in the matter of Gian Singh Vs. State of Punjab & Anr. reported in 2012(10) SCC 303 and prayed that the FIR pending against the petitioner be quashed in view of the compromise between the parties.

[CRLMP-7430/2023]

[2023:RJ-JD:41046]

(2 of 2)

Learned counsel for the complainant-respondent has admitted the fact of compromise between the parties and expresses his inclination in favour of quashing of the FIR on the ground of compromise.

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Learned Public Prosecutor has opposed the petition.

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Learned counsel for the petitioner has placed on record a compromise deed, wherein it is recited that the matter relates to money transaction and the parties have now settled their dispute out of the court and agreed that they shall not pursue the cases registered by them against each other. Considering the facts and circumstances of the present case and the fact that the parties have settled their dispute by way of compromise and also following the judgment passed by the Hon'ble Supreme Court in the matter of Gian Singh (supra), the instant criminal miscellaneous petition is allowed and the entire proceedings in connection with the First Information Report mentioned above and all consequential proceedings, qua the petitioner, are hereby quashed.

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The stay application also stands disposed of.

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(FARJAND ALI),J

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561-Pramod/-

Shravan Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shravan Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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