Nishkarsh Kaushal S/O Shri Sanjeev ... vs State Of Rajasthan (2024:Rj-Jp:43575)
2024 Latest Caselaw 6154 Raj/2

Rajasthan High Court

Nishkarsh Kaushal S/O Shri Sanjeev ... vs State Of Rajasthan (2024:Rj-Jp:43575) on 17 October, 2024

Author: Sameer Jain

Bench: Sameer Jain

[2024:RJ-JP:43575]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 6942/2024
Nishkarsh Kaushal S/o Shri Sanjeev Kumar Sharma, R/o 71/305,
Agarwal      Farm,   Shipra     Path,      Mansarovar,           Jaipur,   Presently
Residing At 165, Patrakar Colony, Mansarovar, Jaipur.
                                                                      ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through P.P.
2.       Bahadur Singh Gurjar S/o Shri Dholuram Gurjar, R/o
         Village Googdod, Tehsil Bonli, District Sawai Madhopur,
         Presently Residing At 510, Mangyawas Road, Mansarovar,
         Jaipur.
                                                                  ----Respondents

For Petitioner(s) : Mr. Chitrank Sharma For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP with Mr. Manvendra Singh Shekhawat, PP Mr. Deepak

HON'BLE MR. JUSTICE SAMEER JAIN

Order

17/10/2024

1. This petition under Section 528 B.N.S.S. is filed, with a

prayer to quash the FIR No.216/2024 registered at Police Station

Shyam Nagar, District Jaipur City (South) for offences under

Sections 323, 341 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

[2024:RJ-JP:43575] (2 of 2) [CRLMP-6942/2024]

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 528 B.N.S.S., 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. 216/2024

registered at Police Station Shyam Nagar, District Jaipur City

(South) 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/26

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