Rahul Bairwa Son Of Shri Babulal Bairwa vs State Of Rajasthan (2024:Rj-Jp:35421)
2024 Latest Caselaw 5416 Raj/2

Rajasthan High Court

Rahul Bairwa Son Of Shri Babulal Bairwa vs State Of Rajasthan (2024:Rj-Jp:35421) on 22 August, 2024

Author: Sameer Jain

Bench: Sameer Jain

[2024:RJ-JP:35421]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 3225/2024
Rahul Bairwa Son Of Shri Babulal Bairwa, Aged About 24 Years,
Resident Of Kailadevi Colony Gangapur City, Police Station
Gangapur City, District Gangapur City (Raj).
                                                                       ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through P.P.
2.       Tejpal Son Of Shri Sohanlal, Resident Of Ward No. 6,
         Mahu        Khurd,   Police      Station      Gangapur       City,   District
         Gangapur City (Raj).
                                                                    ----Respondents

For Petitioner(s) : Mr. Rajneesh Gupta For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP with Mr. Rishi Raj Singh Rathore, PP

HON'BLE MR. JUSTICE SAMEER JAIN

Order

22/08/2024

1. This petition under Section 482 Cr. P.C. is filed, with a prayer

to quash the FIR No.42/2024 registered at Police Station Piloda,

District Gangapur City for offences under Sections 420, 467, 468

& 471 of IPC, on the basis of compromise effectuated between the

parties herein, in respect of their inter-se dispute.

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

[2024:RJ-JP:35421] (2 of 2) [CRLMP-3225/2024]

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. 42/2024

registered at Police Station Piloda, District Gangapur City with all

consequential proceedings, are hereby quashed and set aside.

7. Accordingly, the instant petition is allowed. Pending

application(s), if any, stand disposed of.

(SAMEER JAIN),J

DEEPAK/453

Powered by TCPDF (www.tcpdf.org)