Rahul & Ors vs State & Anr on 25 May, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2640 / 2016

1. Rahul Godara S/o Shri Bhagwana Ram, Godara, aged 29 years,

2. Bhagwana Ram Godara S/o Shri Mala Ram Godara.

3. Smt. Kanchan W/o Shri Bhagwana Ram Godara.
All residents of 60, Roop Nagar, Paota C-Road, Jodhpur (Raj.)

—-Petitioners
Versus

1. State of Rajasthan

2. Smt. Vimla W/o Rahul Godara D/o Shri Chuna Ram Fadoda,
Choudhary Motor Parts, Hanuman Baug, Nagaur (Raj.)

—-Respondents
__
For Petitioner(s) :Mr. Sunil Joshi
For Respondent(s) :Mr. VS Rajpurohit, PP
For Complainant(s):Mr. JK Suthar, for Mr. RS Choudhary
__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/05/2017

1. Petitioners have preferred this misc. petition under

Section 482 of Cr.P.C. for quashing of the FIR No.79 dated

02.09.2014 under Sections 498a, 406 323 and 504 at Mahila

Police Thana, Nagaur and all proceedings taken in pursuant

thereto.

2. It is stated at the Bar that a compromise signed by all

the parties is submitted with the present petition. It is borne out

from the compromise that complainant is not inclined to proceed

further in the matter. Learned counsel for the parties have placed
(2 of 2)
[CRLMP-2640/2016]

reliance on a decision of Supreme Court in case of Gian Singh

V/s. State of Punjab Anr. [(2012) 10 SCC 303].

3. It is also submitted that aforesaid compromise duly

signed by the respective parties has been presented by the parties

before the Deputy Registrar (Judicial) of this Court on 19.05.2017

in compliance of the order passed by this Court on 16.05.2017

READ  Deb Narayan Halder vs Vs on 26 August, 2003

and they were identified by their respective counsel. The said

compromise has been verified by the Deputy Registrar (Judicial) of

this Court on the same day i.e.19.05.2017.

4. In view of the aforementioned compromise arrived at

between the parties as well as verification thereof by the Deputy

Registrar (Judicial) of this Court and applying the ratio in decision

of Gian Singh Vs. State of Punjab Anr. (supra), I deem it

just and proper to invoke inherent powers of this Court under

Section 482 Cr.P.C.

5. Accordingly, the present misc. petition is allowed and the

impugned FIR No.79 dated 02.09.2014 for the offence under

Sections 498A, 406, 323 and 504 of IPC registered at Mahila

Police Station, Naguar is quashed.

(DR. PUSHPENDRA SINGH BHATI)J.

sudheer

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