Allowed

Ghanshyam Kushwah S/O Satyanarayan v. State of Rajasthan

Rajasthan HC23 Aug 2024CRLMP/5187/2024

Case brief

AI extract

What is this about?

The High Court quashed an FIR for cheating and forgery under Section 528 BNSS after accepting that the parties to the dispute had amicably settled their difference. The court relied on Supreme Court precedents regarding compounding of offences annexable.

What did the court decide?

The FIR No.354/2024 registered at Police Station Nayapura, Kota City is hereby quashed. Pending applications if any stand disposed of.

Ghanshyam Kushwah S/O Satyanarayan Vs State of… — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JP:35655]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 5187/2024

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Ghanshyam Kushwah S/o Satyanarayan, R/o Ram Mandir Ke Pas Mala Road Kota Jn. Raj.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Bheemraj S/o Badri Lal, R/o Chhawani Ramchandra Pura Kota City Rajasthan.

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----Respondents

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For Petitioner(s)	: Mr. Abdul Rahim Khan, Adv.
For Respondent(s)	: Mr. Jitendra Singh Rathore, Addl. GA
For Complainant(s)	: Mr. Ritesh Kumawat, Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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23/08/2024

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This criminal miscellaneous petition has been filed by the petitioner under Section 528 BNSS for quashing the FIR No.354/2024 registered at Police Station Nayapura, Kota City for the offence punishable under Sections 420, 406, 467, 468, 469, 470, 471, 383, 384, 385 IPC.

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Learned counsel for the petitioner as well as learned counsel for the complainant submitted that a compromise has been arrived between the petitioner and complainant and they have settled their dispute. The complainant has submitted an affidavit to this effect.

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Learned Addl. GA has opposed the arguments.

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

[2024:RJ-JP:35655]

[CRLMP-5187/2024]

(2 of 2)

A perusal of the material on record shows that the dispute between the petitioner and complainant has amicably been settled by them. In view of compromise and the law laid down by the Hon’ble Apex Court of India in cases of Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and Narinder Singh Vs. State of Punjab (2014) 6 SCC 466 , this Court deems it just and proper to quash the FIR in question.

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Resultantly, this criminal miscellaneous petition is allowed. The FIR No.354/2024 registered at Police Station Nayapura, Kota City for the offence punishable under Sections 420, 406, 467, 468, 469, 470, 471, 383, 384, 385 IPC is hereby quashed.

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Pending application(s), if any, stand(s) disposed of.

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(NARENDRA SINGH DHADDHA),J

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Jatin /451

Ghanshyam Kushwah S/O Satyanarayan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ghanshyam Kushwah S/O Satyanarayan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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