Allowed

Shankar Singh S/O Shri Roopa Ram v. State of Rajasthan

Rajasthan HC17 Oct 2024CRLMP/222/2022

Case brief

AI extract

What is this about?

Petitions under Section 482 CrPC sought quashing of an FIR for cheating, forgery and criminal conspiracy offences after the parties reached a compromise. The court verified the parties' presence, applied Supreme Court precedent permitting quashing on settlement, and quashed the FIR against all petitioners.

What did the court decide?

FIR No.246/2020 and criminal proceedings arising therefrom quashed qua the petitioners; pending applications disposed of.

Shankar Singh S/O Shri Roopa Ram Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2024)

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[2024:RJ-JP:43564]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 222/2022

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Shankar Singh S/o Shri Roopa Ram, Aged About 47 Years, R/o Rajput Dhani, Chak Abhaypura, Dausa, Rajasthan.

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Rohit Kumar Sharma S/o Shri Kailash Chand, Aged About 42 Years, R/o Dhani Badi, Muhana, Tehsil Sanganer, Jaipur.

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----Petitioners

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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Shankar Lal Jaat S/o Shri Kishanlal Jaat, R/o 59B-2, Sms Colony, Maharani Farm, Shipra Path, Jaipur South Jaipur, Permanent Address Village Totoli, Chaksu, Jaipur South ,jaipur.

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----Respondents

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Connected With

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S.B. Criminal Miscellaneous (Petition) No. 10286/2022

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Nitin Mishra Son Of Ram Sewak Mishra, Aged About 48 Years, Resident Of 4, Pratap Nagar, Second, Tonk Phatak, Barkat Nagar, Lal Kothi, Rajasthan.

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Om Prakash Sharma Son Of Ram Narayan Sharma, Aged About 33 Years, Resident Of 374, Badi Ki Dhani, Muhana, Jaipur, Rajasthan. At Present Residing At 87, Bhairav Nagar, Kalyanpura, Mansarovar, Jaipur, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through Its Public Prosecutor.

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Shankar Lal Jat Son Of Kishanlal Jat, Aged About 45 Years, Resident Of Village Totoli, Chaksu, Jaipur City (South), Rajasthan, At Present Residing At 59, B-2, S.m.s Colony, Maharani Farm, Jaipur, Shipra Path, Jaipur City (South), Rajasthan.

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----Respondents

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S.B. Criminal Miscellaneous (Petition) No. 10926/2022 Ram Chandra Devenda S/o Nanu Lal Devenda, R/o 11, Padmawati Colony-B, New Sanganer Road, Jaipur 302019

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(2 of 3) [CRLMP-222/2022]

[2024:RJ-JP:43564]

(Rajasthan).

----Petitioner

Versus

State Of Rajasthan, Through P.p.

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----Respondent

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S.B. Criminal Miscellaneous (Petition) No. 3900/2024

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Omprakash Yadav Son Of Shree Arjunram Yadav, Aged About 59 Years, Resident Of Village Gordhanpura, Tehsil Kotputli, District Kotputli- Behror, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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Shankar Lal Jat Son Of Shree Kishanlal Jat, Resident Of Totoli, Chaksu, Jaipur City (South), Rajasthan.

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----Respondents

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For Petitioner(s)	:	Mr. Amar Kumar in criminal misc. petition Nos. 10286/2022 and 222/2022 Mr. Vipin Sharma with Mr. Nishant Soni in criminal misc. petition No. 10926/2022 Mr. Ashok Mishra and Mr. Raghav Mishra in criminal misc. petition No. 3900/2024
For Respondent(s)	:	Mr. Jitendra Singh Rathore, Addl. G A Mr. Arvind Sharma for complainant

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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17/10/2024

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These criminal miscellaneous petitions have been filed by the petitioners under Section 482 CrPC for quashing FIR No.246/2020 registered at Police Station Shipra Path, Jaipur City (South) for the offence under Sections 420, 467, 468, 471 and 120-B IPC on the basis of compromise effectuated between the parties.

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(3 of 3) [CRLMP-222/2022]

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[2024:RJ-JP:43564]

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Learned counsel for the petitioners as well as learned counsel for the complainant submitted that a compromise has been arrived between the parties and they have settled their dispute. Original compromise duly signed by the parties, is available on record.

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Learned Addl. G A has opposed the arguments.

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The parties are present in the Court today and their signatures have been obtained on the court's order sheet. They have been duly identified by their respective Advocates.

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Heard learned counsel for both the parties and perused the record.

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A perusal of the material on record shows that the dispute between the parties has amicably been settled by them. In view of compromise and the law laid down by the Hon’ble Apex Court in cases of Gian Singh Vs. State of Punjab (2012) 10 SCC 2023 and Narinder Singh Vs. State of Punjab (2014) 6 SCC466, this Court deems it just and proper to quash the FIR in question.

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Resultantly, these criminal miscellaneous petitions are allowed. The FIR No.246/2020 registered at Police Station Shipra Path, Jaipur City (South) for the offence under Sections 420, 467, 468, 471 and 120-B IPC qua the petitioners and criminal proceedings, if any, arose therefrom, are hereby quashed. Pending application(s), if any, stand(s) disposed of.

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(NARENDRA SINGH DHADDHA),J

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Tahir/165-168

Shankar Singh S/O Shri Roopa Ram v. State of Rajasthan

Case brief

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Shankar Singh S/O Shri Roopa Ram v. State of Rajasthan

Case brief

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