Rajasthan High Court
Yakoob Son Of Shri Nazir Khan vs State Of Rajasthan (2024:Rj-Jp:45157) on 25 October, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:45157]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7163/2024
1. Yakoob Son Of Shri Nazir Khan, Aged About 39 Years,
Resident Of Raheem Nagar, Kho Nagoriyan, Jaipur.
2. Anees Son Of Shri Nasru Khan, Aged About 53 Years,
Resident Of Dhandhi Bandha Wali, Kho Nagoriyan, Jaipur.
3. Rais Son Of Shri Fakeer Khan, Aged About 42 Years,
Resident Of Dhandhi Ladhawat, Raheem Nagar, Kho
Nagoriyan, Jaipur
4. Zaheed, Son Of Shri Razak Khan, Aged About 3 Years,
Resident Of Dhandhi Bisayati Wali, Kho Nagoriyan, Jaipur.
5. Shabbir @ Munna, Son Of Shri Shakoor Khan, Aged About
59 Years, Resident Of Dhandhi Dhodhadiya Wali, Kho
Nagoriyan, Jaipur.
6. Fayyaz, Son Of Shri Allahnoor Khan, Aged About 63
Years, Resident Of Dhandhi Bandha Wali, Kho Nagoriyan,
Jaipur.
7. Muneer Son Of Shri Allahnoor Khan, Aged About 42
Years, Resident Of Dhandhi Bandha Wali, Kho Nagoriyan,
Jaipur.
8. Rais Son Of Shri Allahnoor Khan, Aged About 48 Years,
Resident Of Dhandhi Bandha Wali, Kho Nagoriyan, Jaipur
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Mohammed Salim, Son Of Shri Chuttan Khan, Resident Of
Dhandhi Dhodhadiya Wali, Gram Kho Nagoriyan, Jaipur
----Respondents
For Petitioner(s) : Mr. Mohd. Adil
For Respondent(s) : Mr. M. S. Shekhawat, PP
Mr. Junaid Khan for Complainant
HON'BLE MR. JUSTICE SAMEER JAIN
Order
25/10/2024
[2024:RJ-JP:45157] (2 of 3) [CRLMP-7163/2024]
1. This petition under Section 528 of BNSS is filed, with a
prayer to quash the FIR No. 211/2012 registered at Police Station
Malviya Nagar, Jaipur East, for offences under Sections 147, 336
and 504 of IPC, on the basis of compromise effectuated between
the parties herein, in respect of their inter-se dispute.
2. Learned counsel for the petitioners has submitted that
present FIR is lodged in a fit of rage, wherein Final Report is filed.
It is further submitted that the learned Trial Court has taken
cognizance of the matter and has commenced the proceedings
qua the same.
3. Further, it is submitted that the dispute is inter-se between
the parties, who belong to the same community. The issue arose
due to some political rivalry and due to election contested for the
post of President. Moreover, the parties want to put a quietus to
the instant dispute, and in light of the same, they have entered
into a compromise, which was executed and furnished before the
learned Trial Court on 01.11.2023.
4. Lastly, it is submitted that the learned Trial Court has allowed
the said compromise, however qua the Sections 504, 147 and 326
of IPC, offenses are non compoundable, therefore the parties have
approached this Court.
5. 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.
6. Heard and considered.
7. At the outset, this Court deems it appropriate to place
reliance upon the judgments passed by the Hon'ble Apex Court in
[2024:RJ-JP:45157] (3 of 3) [CRLMP-7163/2024]
Gian Singh Vs. State of Punjab reported in [(2012) 10 SCC
303] and Ramgopal Vs. The State of Madhya Pradesh
reported in [2022 (14) SCC 531], relevant portion of which is
reproduced as 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."
6. 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.
7. Considering the aforementioned, the present criminal
miscellaneous petition is allowed and the FIR No. 211/2012
registered at Police Station Malviya Nagar, Jaipur East, with all
consequential proceedings, are hereby quashed and set aside.
8. Accordingly, the instant petition is allowed. Pending
application(s), if any, stand disposed of.
(SAMEER JAIN),J
Pooja /22
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