Rajasthan High Court
Smt. Munesh Kanwar W/O Shri Raghunath ... vs State Of Rajasthan (2024:Rj-Jp:44139) on 21 October, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:44139]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6808/2024
Smt. Munesh Kanwar W/o Shri Raghunath Singh Shekhawat,
Aged About 48 Years, R/o Village Nangal Nathusar, Police Station
And Tehsil-Shrimadhopur, District-Sikar, Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Chand Ratan Karnani S/o Late Shri Hari Kishan Karnani,
Aged About 62 Years, R/o Plot No. - A-302, Golden Mahak
Enclave, D-12, Meera Marg, Banipark, Jaipur, Rajasthan.
----Respondents
Connected With
S.B. Criminal Miscellaneous (Petition) No. 3141/2023
Raghunath Singh Shekhawat S/o Shri Mool Singh Shekhawat,
Aged About 51 Years, R/o Plot No. 86-A, Jagdamba Residency,
Old Ganesh Nagar, R.n. Public School, Kalwar Road, Jaipur
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Chand Ratan Karnani S/o Late Shri Hari Kishan Karnani,
R/o Plot No. A-302, Golden Mahak Enclave, D-12, Meera
Marg, Banipark Jaipur Rajasthan
----Respondents
For Petitioner(s) : Mr. Gajendra Singh Rathore with
Mr. Navdeep Singh
For Respondent(s) : Mr. M. S. Shekhawat, PP
Mr. Laxman Singh Rao
HON'BLE MR. JUSTICE SAMEER JAIN
Order
21/10/2024
1. These petitions under Section 528 of BNSS is filed, with a
prayer to quash the FIR No. 82/2021 registered at Police Station
[2024:RJ-JP:44139] (2 of 3) [CRLMP-6808/2024]
Sadar Jaipur, Jaipur Metropolitan (West) for offences under
Sections 420, 406, 467, 468, 471 and 120B 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
Court deems it just and proper to allow the present misc.
petitions. Compromise is taken on record.
6. Considering the aforementioned, the present criminal
miscellaneous petitions are allowed and the FIR No. 82/2021
registered at Police Station Sadar Jaipur, Jaipur Metropolitan
[2024:RJ-JP:44139] (3 of 3) [CRLMP-6808/2024]
(West) with all consequential proceedings, are hereby quashed
and set aside.
7. Accordingly, the instant petitions are allowed. Pending
application(s), if any, stand disposed of.
(SAMEER JAIN),J
Pooja /135-136
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