Allowed

Jitendra Gehlot v. State of Rajasthan

Rajasthan HC12 Feb 2024CRLMP/830/2024

Case brief

AI extract

What is this about?

In this criminal miscellaneous petition, the High Court of Rajasthan acquitted the petitioner and quashed the FIR for cheating offences after a compromise was mutually agreed upon. Applying the ratio of Gian Singh, the court invoked inherent powers to extinguish the criminal proceedings.

What did the court decide?

FIR No.306/2023 of Police Station Sojat City and all consequential proceedings for offences under Sections 420, 406 IPC are quashed and set aside.

Jitendra Gehlot Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JD:7186]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 830/2024

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Jitendra Gehlot S/o Shri Pukhraj Gehlot, Aged About 47 Years, R/o Surya Colony, Tehsil And Dist. Pali, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Bhanwar Lal S/o Shri Himmataram, Aged About 65 Years, R/o Atabada, Tehsil Sojat, Dist. Pali, Rajasthan.

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----Respondents

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For Petitioner(s)	: Mr.	Vikram Singh
	Mr.	Hitesh Kumar
For Respondent(s)	: Mr.	Gaurav Singh, P.P.
	Mr.	Ramdev Rajpurohit

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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12/02/2024

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The instant criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing of FIR No.306/2023 of Police Station Sojat City, District Pali for offence punishable under Sections 420, 406 IPC on the basis of amicable settlement between the parties.

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Learned counsel for the parties submit that the matter has already been compromised between the parties as is borne out from the compromise deed which states that the respondent is not inclined to proceed further in the matter. Learned 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 these circumstances, the impugned FIR may be quashed and set aside on the basis of compromise.

[2024:RJ-JD:7186]

[CRLMP-830/2024]

(2 of 2)

Learned counsel for the complainant concurs the fact of compromise and submits that in view of the compromise, he does not want to proceed further in the matter.

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The compromise deed is taken on record.

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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.

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Accordingly, the present misc. petition is allowed and FIR No.306/2023 of Police Station Sojat City, District Pali and all consequential proceedings for offences under Sections 420, 406 IPC initiated therein are hereby quashed and set aside on the basis of compromise arrived at between the parties.

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Stay petition also decided accordingly.

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(MADAN GOPAL VYAS),J

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365-Bharti/-

Jitendra Gehlot v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jitendra Gehlot v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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