Rajasthan High Court
Tushar Taluja S/O Shri Subhash Chandra ... vs State Of Rajasthan (2024:Rj-Jp:38917) on 12 September, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:38917]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5884/2024
Tushar Taluja S/o Shri Subhash Chandra Taluja, Aged About 38
Years, R/o Taluja Sadan, Punjabi Colony Gangapur City, Police
Station And District Gangapur City, At Flat Number- Ug-1, Plot
Number 11, Bhagwati Nagar First Kartarpura, Police Station
Mahesh Nagar, Jaipur. (At Present- Police Custody).
----Petitioner
Versus
1. State Of Rajasthan, Through P.P.
2. Shri Niraj Gupta S/o Shri Bhagwan Sahay Gupta, R/o
House Number 36, Sankla Colony, Barkat Nagar, Jaipur,
Rajasthan.
----Respondents
Connected With
S.B. Criminal Miscellaneous (Petition) No. 5883/2024
Tushar Taluja S/o Shri Subhash Chandra Taluja, Aged About 38
Years, R/o Taluja Sadan, Punjabi Colony Gangapur City, Police
Station And District Gangapur City, At Flat Number- Ug-1, Plot
Number 11, Bhagwati Nagar First Kartarpura, Police Station
Mahesh Nagar, Jaipur. (At Present- Police Custody).
----Petitioner
Versus
1. State Of Rajasthan, Through P.P.
2. Shri Mudit Mangal S/o Shri Sanjay Mangal, Aged About 35
Years, Plot Number 87, Mojij Colony, Malviya Nagar, Police
Station- Malviya Nagar, Jaipur.
----Respondents
S.B. Criminal Miscellaneous (Petition) No. 5890/2024
Tushar Taluja S/o Shri Subhash Chandra Taluja, Aged About 38
Years, R/o Taluja Sadan, Punjabi Colony Gangapur City, Police
Station And District Gangapur City, At Flat Number- Ug-1, Plot
Number 11, Bhagwati Nagar First Kartarpura, Police Station
Mahesh Nagar, Jaipur. (At Present- Police Custody).
----Petitioner
Versus
1. State Of Rajasthan, Through P.P.
[2024:RJ-JP:38917] (2 of 4) [CRLMP-5884/2024]
2. Shri Sanjay Mangal S/o Shri K C Mangal, R/o 87, Moji
Colony, Malviya Nagar, Jaipur, Rajasthan.
----Respondents
S.B. Criminal Miscellaneous (Petition) No. 5893/2024
Tushar Taluja S/o Shri Subhash Chandra Taluja, Aged About 38
Years, R/o Taluja Sadan, Punjabi Colony Gangapur City, Police
Station And District Gangapur City, At Flat Number- Ug-1, Plot
Number 11, Bhagwati Nagar First Kartarpura, Police Station
Mahesh Nagar, Jaipur. (At Present- Police Custody).
----Petitioner
Versus
1. State Of Rajasthan, Through P.P.
2. Shri Panakj Kumar Jhawar S/o Shri Ramesh Kumar, Aged
About 39 Years, R/o R-9, Ac-02, Lalgarh Pailace, Sector
02, Vidyadhar Nagar, Police Station Vidyadhar Nagar
Jaipur.
----Respondents
For Petitioner(s) : Mr. Manoj Singh Chouhan
For State : Mr. Rishi Raj Singh Rathore, PP with
Mr. M. S. Shekhawat, PP
For Complainant : Ms. Ginni Jain
HON'BLE MR. JUSTICE SAMEER JAIN
Order
12/09/2024
1. This petition under Section 528 B.N.S.S. is filed with a prayer
to quash the following FIRs and the consequential proceedings
arising out of them, on the basis of compromise effectuated
between the parties herein, in respect of their inter-se dispute.
Sr. FIR No. For offences under
No. Section
1. FIR No. 324/2024 registered at Police 420, 467, 468, 471
Station Shipra Path District Jaipur City IPC
(South)
2. FIR No. 310/2024 registered at Police 420, 467, 468, 471
[2024:RJ-JP:38917] (3 of 4) [CRLMP-5884/2024]
Station Shipra Path District Jaipur City IPC
(South)
3. FIR No. 325/2024 registered at Police 420, 467, 468, 471
Station Shipra Path District Jaipur City IPC
(South)
4. FIR No. 311/2024 registered at Police 420, 467, 468, 471
Station Shipra Path District Jaipur City IPC
(South)
2. When the matter was called today, the parties have marked
their presence in the Court (identified by their respective counsel)
and have submitted that the instant issue pertains to a
commercial dispute. Withal, 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 528 B.N.S.S., 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
[2024:RJ-JP:38917] (4 of 4) [CRLMP-5884/2024]
Court deems it just and proper to allow the present misc.
petitions. Compromise is taken on record.
6. Considering the aforementioned, the present criminal
miscellaneous petitions are allowed and the abovestated FIRs with
all consequential proceedings, are hereby quashed and set aside.
7. Accordingly, the instant petitions are allowed. Pending
application(s), if any, stand disposed of.
(SAMEER JAIN),J
DEEPAK/s-142-145
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