Rajasthan High Court
Shankar Singh Son Of Late Shri Buddha ... vs State Of Rajasthan (2024:Rj-Jp:37650) on 5 September, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:37650]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3924/2022
Smt. Sampati Devi Wife Of Late Shri Budha Singh, Aged About
53 Years, Resident Of Near Madarsa, Ratidanga, Vaishali Nagar,
Ajmer, District Ajmer (Raj).
---Accused/Petitioner
Versus
1. State Of Rajasthan, Through P.P.
-----Respondent
2. Laxman Singh Son Of Shri Gopi, Aged About 46 Years,
Resident Of Village Hathikheda, Police Station Ganj,
District Ajmer (Raj).
----Complainant/Respondent
Connected With
S.B. Criminal Miscellaneous (Petition) No. 7039/2022
Laxman Singh S/o Late Shri Gopi, R/o Hathikheda, Tehsil And
Dist. Ajmer, Ajmer, Rajasthan.
.....Complainant-Petitioner
Versus
1. State Of Rajasthan, Through P.P.
2. Sampati Devi W/o Late Shri Budha Singh, Aged About 51
Years, R/o Near Madrassa, Ratidang, Vaishali Nagar,
Ajmer, Rajasthan.
----Respondents
S.B. Criminal Miscellaneous (Petition) No. 3024/2023
Shankar Singh Son Of Late Shri Buddha Singh, Aged About 26
Years, Resident Of Pushkar Road, Nausar, Ajmer, At Present R/o
Near Madarsa, Ratidanga, Vaishali Nagar, Ajmer, District Ajmer
(Raj).
---Accused/Petitioner
Versus
1. State Of Rajasthan, Through P.P.
----Respondent
2. Laxman Singh Son Of Gopi, Resident Of Hathikheda,
Police Station Ganj, District Ajmer (Raj).
---Complainant-Respondent
[2024:RJ-JP:37650] (2 of 3) [CRLMP-3924/2022]
For Petitioner(s) : Mr. Siya Ram Sharma
For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP
with Mr. Rishi Raj Singh Rathore, PP
Mr. Anirudh Tyagi
HON'BLE MR. JUSTICE SAMEER JAIN
Order
05/09/2024
1. This petition under Section 482 Cr. P.C. is filed, with a prayer
to quash the FIR No.0137/2022 registered at Police Station Civil
Lines, Ajmer for offences under Sections 420, 467, 468, 471, 120-
B of IPC, on the basis of compromise effectuated between the
parties herein, in respect of their inter-se dispute.
2. Learned counsel for the petitioner has submitted that the
parties have entered into a compromise to put quietus to the
ongoing proceedings. It is further submitted that the said fact qua
the compromise has already been put forth before the learned
Trial Court.
3. 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.
4. Heard and considered.
5. 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
[2024:RJ-JP:37650] (3 of 3) [CRLMP-3924/2022]
[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."
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.0137/2022
registered at Police Station Civil Lines, Ajmer 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
JKP/319-321
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