Rajasthan High Court
Garv Choudhary Son Of Shri Rakesh ... vs State Of Rajasthan (2024:Rj-Jp:43962) on 19 October, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:43962]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6957/2024
Garv Choudhary Son Of Shri Rakesh Choudhary, Aged About 20
Years, Resident Of 2-J-15,16 Kala Kaun Housing Board, District
Alwar, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through P.P.
2. Sachin Kumar Son Of Shri Hetram Meena, Aged About 22
Years, Resident Of Behind Balaji Hotel, Bhugor Bypass,
Sadar Alwar, District Alwar, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Avtar Singh Rathore
For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP
Mr. Rishi Raj Singh Rathore, PP
For Complainant : Mr. Rohit
HON'BLE MR. JUSTICE SAMEER JAIN
Order
19/10/2024
1. This petition under Section 528 B.N.S.S. is filed, with a
prayer to quash the FIR No.115/2022 registered at Police Station
Aravali Vihar, District Alwar for offences under Sections 323, 341,
504, 427, 506 & 143 of IPC and Section 3(1)(r) & 3(2)(va) of
SC/ST Act, 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:43962] (2 of 2) [CRLMP-6957/2024]
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.115/2022
registered at Police Station Aravali Vihar, District Alwar 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
JKP/38
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