Rajasthan High Court - Jodhpur
Dileep Parwani vs State on 14 February, 2020
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 637/2020
1. Dileep Parwani S/o Shri Lal Chand Parwani, Aged About
45 Years, By Caste Sindhi, R/o 81, 1St A Road
Sardarpura, Jodhpur.
2. Hemant Rochwani S/o Shri Gagandas Rochwani, Aged
About 40 Years, By Caste Sindhi, R/o Plot No.71, Suraj
Nagar, Soothla, Jodhpur.
----Petitioners
Versus
1. State, Through Pp
2. Pradeep Tolani S/o Shri Nathmal Tolani, aged 62 years,
By Caste Sindhi, R/o Defence Colony, Kamla Nehru Nagar,
Jodhpur.
----Respondents
For Petitioner(s) : Mr. P.N. Mohanani
Mr. Akash Pungalia
For Respondent(s) : Mr. Mukhtiyar Khan, PP
Mr. Shailendra Rathore
Mr. Gokulesh Bohra, for respondent
No.2
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 14/02/2020 The instant criminal misc. petition under Section 482 Cr.P.c. has been filed by the petitioners for quashing of FIR No.244/2018 registered at Police Station Sardarpura, District Jodhpur and all consequential proceedings for offence under Sections 420 and 406 IPC on the basis of compromise.
Counsel for the petitioners-complainants submits that the matter has already been compromised between the parties and it is borne out from the compromise that petitioners-complainants are not inclined to proceed further in the matter. Counsel has (Downloaded on 14/02/2020 at 08:51:28 PM) (2 of 2) [CRLMP-637/2020] 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 accused-respondent No.2 concurs the fact of compromise.
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.244/2018 registered at Police Station Sardarpura, District Jodhpur and all consequential proceedings for offence under Sections 420 and 406 IPC lodged against the petitioners is hereby quashed on the basis of compromise deed.
(MANOJ KUMAR GARG),J 203-Ishan/-
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