Allowed

Mamta Giri v. State of Rajasthan

Rajasthan HC16 Feb 2024CRLMP/835/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a criminal miscellaneous petition to quash an FIR for offences under IPC, IT Act, POCSO and Juvenile Justice Act relying on amicable settlement and was held binding from superior court case Gian Singh vs. State of Punjab.

What did the court decide?

FIR No. 466/2023 and all consequential proceedings under specified offences initiated therein are quashed and set aside.

Mamta Giri Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2024)

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[2024:RJ-JD:8330]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 835/2024

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Mamta Giri D/o Shri Kishan Giri, Aged About 24 Years, R/ o Block No. 311/12-B, Asam Sagar Setu, Vrindavan Enclave, Bikaner (Raj.).

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Indrajeeet @ Virat Sharma S/o Shri Munniram, Aged About 23 Years, R/o Gusaisar Chota Police Thana Napasar, Bikaner (Raj.).

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Vishnu Purohit @ RD S/o Shri Shivshankar Purohit, Aged About 22 Years, R/o Behind Dudi Petrol Pump Banglanagar, P.S. Muktaprasad Nagar, Bikaner (Raj.).

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----Petitioners

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Versus

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1. State Of Rajasthan, Through Govt Advocate Rajasthan High Court, Johdpur.

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1. Shri Kishanlal S/o Late Shri Ganeshlal Upadhyay, R/o Near Jugal Bhawan, Benisar Kua, P.s Nayashahar, Bikaner (Raj.).

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----Respondents

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For Petitioner(s)	: Mr. Shreekant Verma
For Respondent(s)	: Mr. A.R. Choudhary, PP
	Mr. Jaswant Singh,for complainant

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

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16/02/2024

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The instant criminal misc. petition under Section 482 of Cr.P.C. has been filed by the petitioners for quashing of FIR No. 466/2023 lodged at Police Station Nayashahar, District Bikaner for the offences under Sections 363, 364-A, 342, 323 and 120-B of the IPC, Section 67 of the IT Act, Section 11/12 of the POCSO Act and Section 84 of the Juvenile Justice Act on the basis of amicable settlement between the parties.

[2024:RJ-JD:8330]

[CRLMP-835/2024]

(2 of 2)

Learned counsel for the petitioners submit that the matter has been amicably settled between the parties and 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

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Gian Singh Vs. State of Punjab & Anr. reported in [(2012)

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10 SCC 303] . In these circumstances, it is prayed that the impugned FIR may be quashed and set aside on the basis of amicable settlement between the parties.

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

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In view of the fact that parties have settled the dispute amicably and on 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. 466/2023 lodged at Police Station Nayashahar, District Bikaner and all consequential proceedings for the offences under Sections 363, 364-A, 342, 323 and 120-B of the IPC, Section 67 of the IT Act, Section 11/12 of the POCSO Act and Section 84 of the Juvenile Justice Act initiated therein are hereby quashed and set aside on the basis of amicable settlement arrived at between the parties.

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(MADAN GOPAL VYAS),J

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293-Dinesh/-

Mamta Giri v. State of Rajasthan

Case brief

What is this about?

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Mamta Giri v. State of Rajasthan

Case brief

What is this about?

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