Citation : 2024 Latest Caselaw 6344 Raj/2
Judgement Date : 19 October, 2024
[2024:RJ-JP:43965]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7036/2024
1. Krishan Kumar S/o Sunder Lal, Aged About 29 Years, R/o
Majrakath, Police Station Neemrana, District Kotputli-
Behror (Raj.)
2. Amit S/o Nihal Singh, Aged About 37 Years, R/o
Majrakath, Police Station Neemrana, District Kotputli-
Behror (Raj.)
3. Ravindra S/o Sureshchand, Aged About 28 Years, R/o
Majrakath, Police Station Neemrana, District Kotputli-
Behror (Raj.)
4. Ramakant S/o Sajjan Singh, Aged About 24 Years, R/o
Majrakath, Police Station Neemrana, District Kotputli-
Behror (Raj.)
5. Surendra S/o Jaisingh, Aged About 26 Years, R/o
Majrakath, Police Station Neemrana, District Kotputli-
Behror (Raj.)
6. Ajay S/o Naresh Kumar, Aged About 40 Years, R/o
Majrakath, Police Station Neemrana, District Kotputli-
Behror (Raj.)
......Accused-Petitioners
Versus
1. State Of Rajasthan, Through P.P.
........Respondent
2. Pinkesh Kumar S/o Roshan Lal, Aged About 34 Years, R/o Village Sodawas, Police Station Mundawar, District Tijara- Khairthal (Raj) ......Complainant/Injured-Respondent
3. Ransingh S/o Sh. Prabhu Singh, Aged About 41 Years, R/o Village Mehlana, Tehsil Rajgarh District Churu (Raj.) ......Injured-Respondent
For Petitioner(s) : Mr. Mukesh Dudi For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Rishi Raj Singh Rathore, PP For Complainant : Mr. Manvendra Singh
HON'BLE MR. JUSTICE SAMEER JAIN
[2024:RJ-JP:43965] (2 of 3) [CRLMP-7036/2024]
Order
19/10/2024
1. This petition under Section 528 of B.N.S.S. is filed, with a
prayer to quash the FIR No.375/2024 registered at Police Station
Neemrana District Kotputli-Behror for offences under Sections 115
(2), 126 (2), 119 (1), 324 (4), 331 (6) of B.N.S. 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. petition.
Compromise is taken on record.
[2024:RJ-JP:43965] (3 of 3) [CRLMP-7036/2024]
6. Considering the aforementioned, the present criminal
miscellaneous petition is allowed and the FIR No.375/2024
registered at Police Station Neemrana District Kotputli-Behror 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/43
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