High CourtsSingle Bench(2020) 12 RAJ CK 0092

Chhoga Ram And Ors vs State And Os

Rajasthan High Court · Decided on 16 December 2020

HON’BLE JUDGES
Manoj Kumar Garg, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous (Petition) No. 4203 Of 2020

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Judgment

15 paragraphs · 247 words

The instant criminal misc. petition under Section 482 Cr.P.c. has been filed by the petitioners for quashing of FIR No.331/2020 registered at Police

Station Bilara, Jodhpur Rural and all consequential proceedings for offence under Sections 448, 341, 323, 354 & 143 IPC on the basis of compromise

entered between the parties.

Counsel for the petitioners submits that the matter has already been compromised between the parties and it is borne out from the compromise that

respondent No.2-complainant is not inclined to proceed further in the matter. 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 and all consequential proceedings may be

quashed on the basis of compromise.

Counsel for the respondents No.2-complainant concurs the fact of compromise and submits that in view of the compromise, the respondents No.2-

complainant does not want to proceed further in the matter.

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.

Accordingly, the present misc. petition is allowed and the FIR No.331/2020 registered at Police Station Bilara, Jodhpur Rural and all consequential

proceedings for offence under Sections 448, 341, 323, 354 & 143 IPC lodged against the petitioners are hereby quashed on the basis of compromise

deed.

Stay application also decided.