Rajasthan High Court
Mukesh Dhojak S/O Sh. Bhanwar Lal Dhojak vs State Of Rajasthan (2024:Rj-Jp:41869) on 1 October, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:41869]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6574/2024
1. Mukesh Dhojak S/o Sh. Bhanwar Lal Dhojak, Aged About
27 Years, R/o Guguriyali, Tehsil Jayal, Police Station
Surpaliya, District Nagaur (Raj.)
2. Mukesh Barodiya S/o Sh. Sharwanram Barodiya, Aged
About 27 Years, R/o Dhingsari, Police Station Ladnun,
District Deedwana-Kuchaman (Raj.)
3. Kishan Puniyan S/o Sh. Ramniwas, Aged About 25 Years,
R/o Dhudila, Police Station Jayal, District Nagaur (Raj.)
4. Mahaveer Ram S/o Sh. Bhanwara Ram, Aged About 36
Years, R/o Chuwad, Police Station Jayal, District Nagaur
(Raj.)
5. Dinesh Ishrawan S/o Sh. Birma Ram, Aged About 20
Years, R/o Kashipura, Police Station Jayal, District Nagaur
(Raj.)
6. Deshraj Hudda S/o Sh. Jagdish Prasad, Aged About 22
Years, R/o Jato Ka Mohalla, Village Huddas, Police Station
Ladnu, District Deedwana-Kuchaman (Raj.)
7. Premaram Ishrawan S/o Sh. Mangi Lal, Aged About 32
Years, R/o Guguriyali, Tehsil Jayal, Police Station
Surpaliya, District Nagaur (Raj.)
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Gopi Kishan S/o Sh. Hariram, Aged About 30 Years, R/o
Village Kanuta, Teshil Sujangarh, District Churu (Raj.)
3. Narsi Ram Seradiya S/o Sh. Hariram Seradiya, Aged
About 22 Years, R/o Village Kanuta, Teshil Sujangarh,
District Churu (Raj.)
----Respondents
For Petitioner(s) : Mr. Mukesh Dudi
For Respondent(s) : Mr. Manvendra Singh Shekhawat with
Mr. Rishi Raj Singh Rathore, PP
Mr. Manvendra Singh Choudhary
[2024:RJ-JP:41869] (2 of 3) [CRLMP-6574/2024]
HON'BLE MR. JUSTICE SAMEER JAIN
Order
01/10/2024
1. This petition under Section 528 of BNSS is filed, with a
prayer to quash the FIR No. 380/2024 registered at Police Station
Bajaj Nagar, Jaipur City (East) for offences under Sections 365 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
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
[2024:RJ-JP:41869] (3 of 3) [CRLMP-6574/2024]
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. 380/2024
registered at Police Station Bajaj Nagar, Jaipur City (East) 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
ANIL SHARMA /48
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