High Court of Rajasthan at Jodhpur quashed FIR No.32/2023 and consequential proceedings under Section 363 IPC invoked inherent powers under Section 482 CrPC. Decision based on settlement between parties.
FIR No.32/2023 and all consequential proceedings for offence under Section 363 IPC are hereby quashed on the basis of compromise deed.
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[2024:RJ-JD:22669]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 343/2024
Vikram S/o Shri Vjaram, Aged About 22 Years, R/o Khour, Tehsil Rani, District Pali (Raj)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. JVS Deora For Respondent(s) : Mr. Mahipal Bishnoi, PP Mr. Shiv Singh for the complainant
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
20/05/2024
The instant criminal misc. petition under Section 482 Cr.P.c. has been filed by the petitioner for quashing of FIR No.32/2023 registered at Police Station Rani, District Pali and all consequential proceedings for offence under Section 363 of the IPC and on the basis of compromise arrived at between the parties.
Counsel for the petitioner submits that the matter has already been compromised between the parties and it is borne out from the compromise that respondent No.2 complainant is not inclined to proceed further in the matter. Counsel has placed reliance on a decision of Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303]. In
[2024:RJ-JD:22669]
[CRLMP-343/2024]
(2 of 2)
these circumstances, the impugned FIR and all consequential proceedings may be quashed on the basis of compromise.
Counsel for the respondent No.2 complainant concurs the fact of compromise and submits that in view of the compromise, the respondent No.2 complainant does not want to proceed further in the matter. A copy of compromise is already available on record.
In view of compromise arrived at between the parties and applying the ratio in decision of Gian Singh (Supra) , I deem it just and proper to invoke inherent powers of this Court under Section 482 Cr.P.C.
Accordingly, the present misc. petition is allowed and the FIR No.32/2023 registered at Police Station Rani, District Pali and all consequential proceedings for offence under Section 363 of the IPC lodged against the petitioner are hereby quashed on the basis of compromise deed.
Stay petition also disposed of accordingly.
(MANOJ KUMAR GARG),J
568- Arjun /-
2 issues framed by the court
Whether the FIR and proceedings for offence under Section 363 IPC should be quashed on basis of compromise between parties.
Whether the matter deserves to be taken to be such where it is expedient to exercise inherent powers of court to quash criminal proceedings.
Colour shows how this judgement treated each authority
Gian Singh Vs. State of Punjab & Anr.Applied¶15
Gian Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303] · Who else cites this
Gian Singh Vs. State of Punjab & Anr.Applied¶21
Gian Singh (Supra)
1 provisions across 1 enactments
Vikram S/o Shri Vjaram
State Of Rajasthan
Mansharam S/o Shri Chhogaram
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Manoj Kumar Garg
Parties & counsel
