Citation : 2024 Latest Caselaw 6186 Raj/2
Judgement Date : 21 October, 2024
[2024:RJ-JP:44136]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6609/2024
1. Abhishek Meena, S/o Suresh Meena, Aged About 20
Years, R/o Radhe Ki Thana Bamanwas, Sawai Madhopur
( Naveen Jeela Gangapur City), Rajasthan.
2. Gyan Singh S/o Badrilal Meena, Aged About 19 Years, R/o
Radhe Ki Thana Bamanwas, Sawai Madhopur ( Naveen
Jeela Gangapur City), Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Harish Kumar Meena S/o Gopal Meena, Aged About 20
Years, R/o Radhe Ki Thana Bamanwas, Sawai Madhopur
( Naveen Jeela Gangapur City), Rajasthan.
----Respondents
For Petitioner(s) : Ms. Vaishnavi
For Respondent(s) : Mr. M. S. Shekhawat, PP
Mr. Hem Bhushan Vedi for
Complainant
HON'BLE MR. JUSTICE SAMEER JAIN
Order
21/10/2024
1. This petition under Section 528 of BNSS is filed, with a
prayer to quash the FIR No. 442/2024 registered at Police Station
Ramnagariya District Jaipur City (East) for offences under Sections
307 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:44136] (2 of 2) [CRLMP-6609/2024]
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. 442/2024
registered at Police Station Ramnagariya District 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
Pooja /132
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