Babulal Agrawal S/O Shri Ramavtar ... vs The State Of Rajasthan ...
2024 Latest Caselaw 6135 Raj/2

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.

[2024:RJ-JP:43386] (2 of 3) [CRLMP-6926/2024]

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.

[2024:RJ-JP:43386] (3 of 3) [CRLMP-6926/2024]

7. Accordingly, the instant petition is allowed. Pending

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

(SAMEER JAIN),J

Neeru/72

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