Rajasthan High Court
Babulal Agrawal S/O Shri Ramavtar ... vs The State Of Rajasthan ... on 16 October, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:43386]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6926/2024
1. Babulal Agrawal S/o Shri Ramavtar Agrawal, Resident Of
177, Pratapgarh, Thanagaji, Alwar, Rajasthan.
2. Varsha Agrawal W/o Shri Babulal Agrawal, Resident Of
177, Pratapgarh, Thanagaji, Alwar, Rajasthan.
3. Kamlesh Solanki S/o Shri Ramjilal, Resident Of 212,
Harijan Mohalla, Pratapgarh, Thanagaji, Alwar, Rajasthan.
----Petitioners
Versus
1. The State Of Rajasthan, Through Public Prosecutor.
2. Srng Finance Pvt. Ltd., Through Authorised Representative Mitesh Gautam, Corporate Office- 811, 8Th Floor, Signature Tower, Lalkothi, Jaipur, Rajasthan, Registered Office- C-94, Lalkothi, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Jai Kishan Yogi
For Respondent(s) : Mr. M.S. Shekhawat, PP
Mr. Rishi Raj Singh Rathore, PP
Complainant : Mr. Pankaj Kumar
HON'BLE MR. JUSTICE SAMEER JAIN
Order
16/10/2024
1. This petition under Section 528 B.N.S.S., 2023 is filed, with a prayer to quash the FIR No. 467/2023 registered at Police Station Bajaj Nagar, District Jaipur City (East) for offences under Sections 420, 406, 467, 468, 471 and 120-B of IPC, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute.
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2. Learned counsel for both the parties have submitted that the dispute at hand is inter-se private in nature, which has been resolved by the parties amicably.
3. Heard and considered.
4. At the outset, this Court deems it appropriate to place reliance upon the judgment passed by the Hon'ble Apex Court in Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] and Ramgopal Vs. The State of Madhya Pradesh reported in [2022 (14) SCC 531], relevant portion of which is reproduced below:
"12. The High Court, therefore, having regard to the nature of the offence and the fact that parties have amicably settled their dispute and the victim has willingly consented to the nullification of criminal proceedings, can quash such proceedings in exercise of its inherent powers under Section 482 Cr.P.C., even if the offences are non- compoundable."
5. In view of the position of law laid down by the Hon'ble Apex Court in aforementioned case, and considering the personal nature of dispute, which has been amicably settled between parties, this Court deems it just and proper to allow the present misc. petition. Compromise is taken on record.
6. Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No. 467/2023 registered at Police Station Bajaj Nagar, District Jaipur City (East) with all consequential proceedings, are hereby quashed and set aside.
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7. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of.
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