Allowed

Mahipal Godara @ Kalu Ram v. State of Rajasthan

Rajasthan HC27 May 2024CRLMP/771/2024

Case brief

AI extract

What is this about?

High Court of Rajasthan allowed a criminal miscellaneous petition seeking quashing of FIR under Section 482 Cr.P.C. The court held that a compromise existed between parties, applying the ratio of Gian Singh vs. State of Punjab, and deemed it just to quash the FIR and subsequent proceedings.

What did the court decide?

FIR No.282/2021 and all subsequent proceedings against the petitioners are quashed.

Mahipal Godara @ Kalu Ram Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2024)

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[2024:RJ-JD:24154]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 771/2024

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Mahipal Godara @ Kalu Ram S/o Dina Ram, Aged About 32 Years, R/o Village Dholiya Tehsil Pokaran Police Station Lathi Dist. Jaisalmer

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Manohar Godara @ Prakash S/o Dina Ram, Aged About 38 Years, R/o Village Dholiya Tehsil Pokaran Police Station Lathi Dist. Jaisalmer

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Shri Ram S/o Hadman Ram, Aged About 22 Years, R/o Village Dholiya Tehsil Pokaran Police Station Lathi Dist. Jaisalmer

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Rakesh S/o Bhakar Ram Godara, Aged About 27 Years, R/ o Village Dholiya Tehsil Pokaran Police Station Lathi Dist. Jaisalmer

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Bhagirath Rai S/o Mana Ram Godara, Aged About 40 Years, R/o Village Dholiya Tehsil Pokaran Police Station Lathi Dist. Jaisalmer

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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Mahipal S/o Jagmala Ram Bishnoi, R/o Magra Lohawat Jodhpur Rural Rajasthan

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----Respondents

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For Petitioner(s) : Mr. Ashok Bishnoi For Respondent(s) : Mr. S.K. Bhati, PP Mr. Raju Ram

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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27/05/2024

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The instant criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners seeking quashing of the FIR No.282/2021 registered at Police Station Dechu, District Jodhpur

[CRLMP-771/2024]

[2024:RJ-JD:24154]

(2 of 2)

Rural, for the offences under Sections 147, 148, 149, 341, 323, 427, 307 and 395 of IPC.

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Learned counsel for the petitioners submitted that the parties have settled their disputes and have arrived at a compromise.

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Learned counsel for the petitioners has 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.

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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.

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In view of compromise arrived at between the parties and applying the ratio in decision of Gian Singh (Supra) , this Court deems it just and proper to invoke inherent powers under Section 482 Cr.P.C.

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Accordingly, the present misc. petition is allowed. The FIR No.282/2021 registered at Police Station Dechu, District Jodhpur Rural, for the offences under Sections 147, 148, 149, 341, 323, 427, 307 and 395 of IPC and all subsequent proceedings sought to be taken thereunder against the petitioners, are quashed.

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(KULDEEP MATHUR),J

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579-divya/-

Mahipal Godara @ Kalu Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahipal Godara @ Kalu Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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