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Vinit Soni vs State on 6 July, 2021

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(1 of 3) [CRLMP-2880/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2880/2021

Vinit Soni S/o Lt. Payre Lal Swrankar, Aged About 42 Years, B/c
Soni, R/o E-6, Durga Nursery Road, Udaipur (Raj.).
—-Petitioner
Versus
1. State, Through Pp
2. Smt. Neha Verma W/o Dr. Vinit Soni D/o Lt. Sh. Vijay
Verma, Aged About 42 Years, Krishna Godown Ki Gali, 1St
B Road, Sardarpura, Jodhpur. At Present Living With Her
Husband At The Address Of The Petitioner.
—-Respondents

For Petitioner(s) : Dr. A.A. Bhansali
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. Mohd. Akbar for the complainant.

HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

06/07/2021

In wake of second surge in the COVID-19 cases, abundant

caution is being maintained, while hearing the matters in Court,

for the safety of all concerned.

Counsel for the petitioner refers to order dated 28.05.2021

passed by Coordinate Bench of this Court in CRLMP No.1454/2021

(Neha Verma Vs. State of Rajasthan Anr.) whereby one of the

FIRs between the parties has been quashed on the basis of

compromise deed. The order aforesaid read as follows:-

“An application has been filed for compromise on behalf of
petitioner and respondent No.2.
For the reasons mentioned in the application (Inward
No.01/21), the application is allowed.

(Downloaded on 07/07/2021 at 08:44:54 PM)
(2 of 3) [CRLMP-2880/2021]

The instant Criminal Misc. Petition under Section 482
Cr.P.C. has been filed by the petitioner for quashing of F.I.R.
No.0059/2021, Police Station Surajpole, District Udaipur, and all
consequential proceedings for offences under
Sections 420, 406,
120-B IPC.
Counsel for the petitioner submits that the matter has already
been compromised between the parties and it is borne out from the
compromise that respondent No.2-complainant is 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 respondent No.2-complainant concurs the
fact of compromise and submits that in view of the compromise, the
respondent No.2-complainant does not want to proceed further in
the matter.
In this regard, a compromise deed has been submitted by the
parties and the same is hereby taken on record.
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
F.I.R. No.0059/2021, Police Station Surajpole, District Udaipur,
and all consequential proceedings for offences under
Sections 420,
406, 120-B IPC against the petitioner is hereby quashed on the
basis of compromise deed.

Stay petition is also decided accordingly.”

Counsel for the petitioner and counsel for the complainant

jointly submit that the FIR impugned i.e FIR No.174/2020 of P.S.

Mahila Thana (West), Jodhpur City also needs to be quashed and

set aside in terms of judgment passed by Hon’ble Apex Court in

Gian Singh Vs. State of Punjab Anr. [(2012) 10 SCC 303]

(Downloaded on 07/07/2021 at 08:44:54 PM)
(3 of 3) [CRLMP-2880/2021]

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

No.174/2020 of P.S. Mahila Thana (West), Jodhpur City and all

consequential proceedings for offences under Sections 498A, 406

323 of IPC against the petitioner is hereby quashed on the basis

of compromise deed.

Stay petition is also decided accordingly.

(DR.PUSHPENDRA SINGH BHATI),J.

83-Nirmala/Sanjay-

(Downloaded on 07/07/2021 at 08:44:54 PM)

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