Allowed

Gautam v. State of Rajasthan

Rajasthan HC18 Jan 2024CRLMP/264/2024

Case brief

AI extract

What is this about?

This order quashed an FIR registered for offences under the IPC and IT Act on the basis of a compromise between the parties, relying on Supreme Court precedent. The court also disposed of a stay application.

What did the court decide?

The entire proceedings in connection with the First Information Report and all consequential proceedings are quashed; the stay application is also disposed of.

Gautam Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2024)

¶1

[2024:RJ-JD:3184]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Misc(Pet.) No. 264/2024

¶4

Gautam S/o Om Ji, Aged About 28 Years, R/o Balotra Rajasthan 344001

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Pp 2. Ganesh S/o Pratap Singh, R/o Priti Colony Balotra Rajasthan

¶8

----Respondents

¶9

For Petitioner(s)	: Mr. Mr.	Tribhuwan Singh Gautam(present-in-person)
For Respondent(s)	: Mr. Mr.	Vikram Sharma, Dy.G.A. Sukhdev
	Mr.	Ganesh(present-in-person)

¶10

HON'BLE MR. JUSTICE FARJAND ALI Order

¶11

18/01/2024

¶12

The instant criminal miscellaneous petition has been filed under Section 482 of the Cr.P.C. seeking quashing of First Information Report No.436/2023 registered at the Police StationBalotra, District- Balotra for the offences under Sections 143, 341, 327, 323 & 342 of the IPC and Section 67 of the Information Technology Act.

¶13

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.

¶14

(2 of 2) [CRLMP-264/2024]

¶15

[2024:RJ-JD:3184]

¶16

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.

¶17

Learned Public Prosecutor has opposed the petition.

¶18

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.

¶19

The stay application also stands disposed of.

¶20

(FARJAND ALI),J

¶21

810-Samvedana/-

Gautam v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gautam v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sohan Singh Vs State of Rajasthan

Babu Singh Vs State of Rajasthan

Vijay Choudhary Vs State of Rajasthan

Badal Kumar Alias Madaram Vs State of Rajasthan

Chagnaram @ Kalu Vs State of Rajasthan

Smt. Jiji Vs State of Rajasthan