Rajasthan High Court - Jodhpur
Pani Devi vs State Of Rajasthan on 10 May, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2343/2023
1. Pani Devi W/o Bhagu Rawal, Aged About 35 Years,
Kalesriya Deogarh, Rajsamand.
2. Laxman S/o Sua Rawal, Aged About 43 Years, Kalesriya,
Tehsil Deogarh, District Rajsamand.
3. Ladu S/o Sua Rawal, Aged About 45 Years, Kalesriya,
Tehsil Deogarh, District Rajsamand.
4. Bhagu S/o Sua Rawal, Aged About 38 Years, Kalesriya,
Tehsil Deogarh, District Rajsamand.
5. Narayani Devi W/o Ladu Rawal, Aged About 40 Years,
Kalesriya, Tehsil Deogarh, District Rajsamand.
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Bhagwati W/o Bheru Rawal, Kalesriya, Tehsil Deogarh,
District Rajsamand.
3. Bheru Rawal W/o Nagi Rawal, Kalesriya, Tehsil Deogarh,
District Rajsamand.
4. Prahlad S/o Bheru Rawal, Kalesriya, Tehsil Deogarh,
District Rajsamand.
----Respondents
For Petitioner(s) : Mr. Ram Singh Rawal
For Respondent(s) : Mr. N.S. Bhati, PP
Mr. Saurabh Soni
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 10/05/2023 The instant criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing of FIR No.277/2022 registered at Police Station Deogarh, District Rajsamand and all consequential proceedings for offence under Sections 458, 323 (Downloaded on 10/05/2023 at 11:34:01 PM) (2 of 2) [CRLMP-2343/2023] and 143 of 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 respondents No.2 to No.4 are 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 to No.4 concurs the fact of compromise and submits that in view of the compromise, the respondents No.2 to No.4 do 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 qua the petitioners and FIR No.277/2022 registered at Police Station Deogarh, District Rajsamand and all consequential proceedings for offence under Sections 458, 323 and 143 of IPC lodged against the petitioners are hereby quashed on the basis of compromise deed.
(MANOJ KUMAR GARG),J 71-Rashi/-
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