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Rajasthan High Court - Jaipur

Modulal S/O Late Parsa @ Parasram vs State Of Rajasthan on 5 January, 2022

Author: Farjand Ali

Bench: Farjand Ali

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 5627/2020

1.     Modulal S/o Late Parsa @ Parasram, Aged About 62
       Years, R/o Poti Kuan Nanta Thana, Kunhadi, Kota Raj.
2.     Mannibai W/o Durgashankar Saini D/o Late Shri Parsa @
       Parasram, Aged About 75 Years, R/o Power House Near
       Mataji Mandir, Khai Road, Nayapura Thana Tehsil Ladpura
       Kota Raj.
                                                                  ----Petitioners
                                   Versus
1.     State Of Rajasthan, Through PP
2.     Shri Mukesh Kumar Saini S/o Laxminarayan Saini, Aged
       About 37 Years, R/o Bhuriya Near Ganesh Ji Mandir Nanta
       Police Station Kota.
                                                                ----Respondents

For Petitioner(s) : Mr. Abhishek Bhardwaj through Vc For Respondent(s) : Mr. Arvind Kumar, PP Mr. S.K. Laddha through VC HON'BLE MR. JUSTICE FARJAND ALI Order 05/01/2022

1. The instant criminal Miscellaneous petition has been filed under Section 482 Cr.P.C. for quashing of the First Information Report No.358/2019 registered at Police Station Nayapura, Kota City for offence under Sections 420, 467, 468, 471 & 120B IPC.

2. It is submitted by counsel for the petitioners that the parties have settled their dispute by way of compromise. Counsel relied upon the judgment passed by the Hon'ble Supreme Court in the matter of Gian Singh Vs. State of Punjab & Anr. reported in 2012(10) SCC 303 and prayed that the FIR pending against the (Downloaded on 10/01/2022 at 09:50:43 PM) (2 of 2) [CRLMP-5627/2020] petitioners be quashed in view of the compromise between the parties.

3. Learned counsel for the complainant-respondent is present through video conferencing and admitted the fact of compromise between the parties.

4. Learned Public Prosecutor has opposed the petition.

5. Considering the facts and circumstances of the present case and the fact that the parties have settled their dispute by way of compromise and also following the judgment passed by the Hon'ble Supreme Court in the matter of Gian Singh (supra), the criminal misc. petition is allowed and the said First Information Report mentioned above, qua the petitioners, is hereby quashed.

6. The stay application also stands disposed of.

(FARJAND ALI),J SAHIL SONI /142 (Downloaded on 10/01/2022 at 09:50:43 PM) Powered by TCPDF (www.tcpdf.org)