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[Cites 7, Cited by 0]

Rajasthan High Court - Jodhpur

Deepak Menaria vs State Of Rajasthan (2023:Rj-Jd:37032) on 1 November, 2023

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2023:RJ-JD:37032]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 4867/2023

1.       Deepak Menaria S/o Shri Premshankar Menaria, Aged
         About 25 Years, B/c Brahmin Chirwa Udaipur Raj.
2.       Kishan Menaria S/o Shri Madhavlal, Aged About 31 Years,
         B/c Brahmin Chirwa Udaipur Raj.
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Bhupendra Singh Bhati S/o Shri Bhagsingh Ji Bhati, Aged
         About 32 Years, B/c Rajput R/o Vill. Sher Thana Sukher
         Dist. Udaipur Raj.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Firoz Khan.
For Respondent(s)         :     Mr. S.S. Rajpurohit, P.P.
                                Mr. Sohail Khan.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order 01/11/2023 The instant criminal misc. petition under Section 482 Cr.P.c. has been filed by the petitioner seeking quashing of the F.I.R. No.26/2023, registered at Police Station Sukher, District Udaipur, for offences under Sections 384, 341, 323 and 336 IPC and Sections 3/25 of the Arms Act.

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

Learned counsel for the petitioners has placed reliance on a decision of Hon'ble the Supreme Court in the case of Gian Singh (Downloaded on 11/11/2023 at 03:34:39 PM) [2023:RJ-JD:37032] (2 of 2) [CRLMP-4867/2023] Vs. State of Punjab & Anr. reported in (2012)10 SCC 303]. He therefore prayed that the impugned FIR may kindly be quashed.

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.

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.

Accordingly, the present misc. petition is allowed. The F.I.R. No.26/2023, registered at Police Station Sukher, District Udaipur, for offences under Sections 384, 341, 323 and 336 IPC and Sections 3/25 of the Arms Act, and all subsequent proceedings sought to be taken thereunder against the petitioners, are quashed.

(KULDEEP MATHUR),J 438-Prashant/-

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