Allowed

Kailash Bhati S/O Shri Bhanwar Lal Bhati, v. State of Rajasthan

Rajasthan HC15 Feb 2024CRLMP/26/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a criminal miscellaneous petition under Section 482 CrPC seeking quashing of an FIR lodged under Sections 384 and 506 IPC. The court quashed the FIR based on the post-pendency compromise between the petitioners and the complainant, relying on Supreme Court precedents.

What did the court decide?

FIR No.475/2023 registered at Police Station Karni Vihar, District Jaipur (West) is quashed and set aside; stay application disposed of.

Kailash Bhati S/O Shri Bhanwar Lal Bhati… — Contract and Commercial Disputes | Rajasthan HC (2024)

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[2024:RJ-JP:7943]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 26/2024

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Kailash Bhati S/o Shri Bhanwar Lal Bhati, Aged About 37 Years, Resident Of 104, Gharwala Jav, Marwar Pali, District Pali, Rajasthan-306401, Proprietor Of M/s M D Motors, Addressed At A-1005, 10Th Floor, Model Heights, S G Highway Service Road, Near Wide Angel Cinema, Ramdev Nagar, Ahmedabad, Gujarat.

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Gurjit Singh Kheda S/o Shri Amrik Singh Kheda, Aged About 40 Years, R/o House No. 50, Near Laxmi Petrol Pump, Suraj Pole, Police Station Kotwali, District Pali, Also Resident Of Flat No. 11A, First Floor, Ummed Heritage, Ratanada, Police Station- Ratanada, Jodhpur, Presently Residing At House No. D-401, Gala Gardeniya, Near Safal Parisar-1,south Bhopal, Police Station South Bhopal, District Ahmadabad City, Gujarat.

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----Petitioners

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Versus

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State Of Rajasthan, Through P.P.

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Ashok Kumar S/o Shri Ratan Singh, R/o Chak-4 Adm, Village 2 Adm, Tehsil Pugal, Bikaner, (Raj). Proprietor Of Ratan Hr Services Office At Flat No. 105, Apex Atlier, Sirasi Road, Kanak Vrindavan, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Dinesh Bishnoi For Respondent(s) : Mr. M.K. Sheoran Mr. Dharmendra Kumar Barala for Complainant

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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15/02/2024

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The petitioner and complainant 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

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the Code of Criminal Procedure, the accused-petitioners have

[CRLMP-26/2024]

[2024:RJ-JP:7943]

(2 of 2)

approached this Court with a prayer to quash the FIR No.475/2023 registered at Police Station Karni Vihar, District Jaipur (West), for the offences punishable under Sections 384 & 506 of IPC.

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

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Learned Public Prosecutor and learned 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; the 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.475/2023 registered at Police Station Karni Vihar, District Jaipur(West), is quashed and set aside. Consequence to follow.

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The stay application also stands disposed of.

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(ANIL KUMAR UPMAN),J

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VIKAS KUMAR/143

Kailash Bhati S/O Shri Bhanwar Lal Bhati, v. State of Rajasthan

Case brief

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Kailash Bhati S/O Shri Bhanwar Lal Bhati, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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