Allowed

Bhagat Singh Son of Shri Naresh Kumar, v. State of Rajasthan

Rajasthan HC4 Apr 2024CRLMP/1059/2024

Case brief

AI extract

What is this about?

Rajasthan High Court quash FIR No.47/2024 involving Sections 382 and 34 IPC. After confirming a compromise between accused petitioners and complainant during investigation, the Court allowed the criminal miscellaneous petition under Section 482 CrPC, quashing the FIR and consequential proceedings by applying Gian Singh and Bhajan Lal principles.

What did the court decide?

FIR No.47/2024 registered at Police Station Ramnagariya, District Jaipur City along with consequential proceedings thereof is quashed and set aside.

Bhagat Singh Son of Shri Naresh Kumar, Vs State of… — Quashing and FIR | Rajasthan HC (2024)

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[2024:RJ-JP:16137]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1059/2024

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Bhagat Singh Son Of Shri Naresh Kumar, Aged About 19 Years, Resident Of Village Nagal Mehta, Police Station Mandan, Distt. Kotputli Behrore, At Present Tenant Flat No. S-1, Ashiyana 25 Apartment, Behind D-Mart, Police Station Ramnagariya, Jaipur.

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Jatin Yadav Son Of Shri Vijay Singh, Aged About 19 Years, Resident Of Village Beejpur, Police Station Mandan, Distt. Kotputli Behrore, At Present Tenant Flat No. S-1, Ashiyana 25 Apartment, Behind D-Mart, Police Station Ramnagariya, Jaipur

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Mohit Yadav Son Of Shri Virendra, Aged About 19 Years, Resident Of Village Nagal Mehta, Police Station Mandan, Distt. Kotputli Behrore, At Present Tenant Flat No. S-1, Ashiyana 25 Apartment, Behind D-Mart, Police Station Ramnagariya, Jaipur

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----Petitioners

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Versus

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State Of Rajasthan, Through PP

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Dheeraj Kumar Jangid Son Of Shri Mahaveer Jangid, Aged About 33 Years, Resident Of Village Patoli, P.s. Kudgaon, Distt. Karauli, At Present Tenant 3-M-A-140, Indra Gandhi Nagar, Police Station Kho Nagoriyan, Distt. Jaipur, Rajasthan

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----Respondents

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For Petitioner(s) : Mr. Laxmikant For Respondent(s) : Mr. M.K. Sheoran, PP For Complainant(s) : Mr. Vivek Gaur

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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04/04/2024

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Parties are present in person and have duly been identified by their respective counsel.

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By way of this criminal misc. petition under Section 482 of the Code of Criminal Procedure, the accused-petitioners have approached this Court with a prayer to quash the FIR No.47/2024 registered at Police Station Ramnagariya, District Jaipur City

[2024:RJ-JP:16137]

[CRLMP-1059/2024]

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(East) for the offences punishable under Sections 382 and 34 of IPC along with all subsequent proceedings arising out of it.

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Learned counsel for the petitioners submits that during pendency of investigation, the petitioners have entered into a compromise with the complainant. The written compromise has been annexed with this petition.

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Learned Public Prosecutor as well as counsel for the complainant do not dispute the factum of compromise. 5. In view of the aforesaid and considering the submissions made on behalf of the respective parties; material made available for my perusal; considering that the parties have resolved their dispute and also finding that the present case is wholly covered by the principle of law laid down by Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr-reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [ AIR 1992 SC 604 ], the aforesaid FIR is liable to be quashed in view of compromise arrived at between the parties.

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In view of the above, this criminal misc. petition is allowed and the FIR No.47/2024 registered at Police Station Ramnagariya, District Jaipur City (East) along with consequential proceedings thereof is quashed and set aside. Consequence to follow.

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Stay application(s), if any, also stands disposed of.

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(ANIL KUMAR UPMAN), J

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GAUTAM JAIN /325

Bhagat Singh Son of Shri Naresh Kumar, v. State of Rajasthan

Case brief

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Bhagat Singh Son of Shri Naresh Kumar, v. State of Rajasthan

Case brief

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