High Court of Rajasthan at Jodhpur, in a single bench order dated 07/05/2024, allowed criminal miscellaneous petitions seeking quashing of an FIR. The Court applied the ratio of Gian Singh and deemed it just and proper for quashing due to a compromise.
FIR No.224/2023 and all subsequent proceedings against petitioners were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JD:20109]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 457/2024
Ghanshyam Sharma S/o Shri Prabhu Dayal Sharma, Aged About 46 Years, R/o Kali Tanki Ke Pass, Sant Dham Road, Guron Ka Talaab, Nandanvan, Jodhpur (Raj)
----Petitioner
Versus
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 7610/2023
----Petitioners
Versus
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 458/2024
Dinesh Sharma S/o Shri Jaiprakash Sharma, Aged About 30 Years, R/o Kali Tanki Ke Pass, Sant Dham Road, Guron Ka Talaab, Nandanvan, Jodhpur (Raj)
----Petitioner
Versus
----Respondents
(2 of 3)
[2024:RJ-JD:20109]
[CRLMP-457/2024]
Connected With
S.B. Criminal Misc(Pet.) No. 459/2024
Manish Sharma S/o Shri Jaiprakash Sharma, Aged About 28 Years, R/o Kali Tanki Ke Pass, Sant Dham Road, Guron Ka Talaab, Nandanvan, Jodhpur (Raj)
----Petitioner
Versus
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 460/2024
Jaiprakash Sharma S/o Shri Prabhudayal Sharma, Aged About 55 Years, R/o Kali Tanki Ke Pass, Sant Dham Road, Guron Ka Talaab, Nandanvan, Jodhpur (Raj)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Rajpal S. Rathore Mr. Vipin Makkad For Respondent(s) : Mr. A.R. Choudhary, PP Mr. Harendra Singh Inda for complainant
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
07/05/2024
The instant criminal misc. petitions under Section 482 Cr.P.C.
have been filed by the petitioners seeking quashing of the F.I.R.
[CRLMP-457/2024]
[2024:RJ-JD:20109]
(3 of 3)
No.224/2023, registered at Police Station Vivek Vihar, District Jodhpur City West.
Learned counsel for the petitioners submitted that the parties have settled their disputes amicably and have arrived at a compromise.
Learned counsel for the petitioners placed reliance on a decision of Hon’ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in [ (2012)10 SCC 303] . He therefore prayed that the impugned FIR may kindly be quashed.
Learned counsel for the complainant concurs the factum of compromise and submits that in view of the compromise, the complainant is not inclined to proceed further in the matter.
In view of compromise arrived at between the parties and applying the ratio of the decision rendered by Hon’ble The Supreme Court in the case of Gian Singh (Supra) , this Court deems it just and proper to invoke inherent powers under Section 482 Cr.P.C.
Accordingly, the present misc. petitions are allowed. The F.I.R. No.224/2023, registered at Police Station Vivek Vihar, District Jodhpur City West., and all subsequent proceedings sought to be taken thereunder against the petitioners, are quashed.
All pending applications also stand disposed of.
A copy of this order be place in each file.
( KULDEEP MATHUR),J
601-605-himanshu/-
2 issues framed by the court
Whether the FIR should be quashed in view of the compromise between parties.
Whether the Court can invoke inherent powers under Section 482 Cr.P.C. to quash the FIR.
Colour shows how this judgement treated each authority
Gian Singh Vs. State of Punjab & Anr.Applied¶58
Gian Singh Vs. State of Punjab & Anr. [(2012)10 SCC 303] · Who else cites this
Gian SinghApplied¶60
Gian Singh (Supra)
1 provisions across 1 enactments
Ghanshyam Sharma
Dinesh Sharma
Manish Sharma
Jaiprakash Sharma
State Of Rajasthan
Jyoti Jangid
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
