Rajasthan High Court
Chetan Saini S/O Shri Ramesh Chand Saini vs State Of Rajasthan (2024:Rj-Jp:43888) on 19 October, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:43888]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6434/2024
1. Chetan Saini S/o Shri Ramesh Chand Saini, Aged About
23 Years, R/o Village Maliwada, Police Station Kalwar,
District Jaipur (Rajasthan).
2. Chandra Prakash S/o Shri Jagdish Prasad, Aged About 24
Years, R/o Bijaraniya Ka Bas, Bhaislana, Jobner, District
Jaipur (Rajasthan).
3. Aasin Khan S/o Shri Pappu Khan, Aged About 22 Years,
R/o Plot No. 83, Ishwar Nagar, Kalwar, District Jaipur,
Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Badal Choudhary S/o Rajkumar, R/o 41, Boyatwala,
Kardhani, Jaipur (Rajasthan).
3. Roshan Choudhary S/o Dinesh Choudhary, R/o 41,
Boyatwala, Benar, Police Station Kardhani, District Jaipur,
( Rajasthan).
----Respondents
For Petitioner(s) : Mr. Mukesh Kumar Saini
For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP with
Mr. M. S. Shekhawat, PP
Mr. Swadesh Kumar
HON'BLE MR. JUSTICE SAMEER JAIN
Order
19/10/2024
1. This petition under Section 528 of BNSS is filed, with a
prayer to quash the FIR No. 162/2024 registered at Police Station
Kalwar District Jaipur (West) for offences under Sections 323, 341,
365, 337 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.
[2024:RJ-JP:43888] (2 of 2) [CRLMP-6434/2024]
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. 162/2024
registered at Police Station Kalwar District Jaipur (West) 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
Pooja/35
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