Rahul @ Sanjay S/O Babulal vs State Of Rajasthan (2024:Rj-Jp:39689)
2024 Latest Caselaw 5855 Raj/2

Citation : 2024 Latest Caselaw 5855 Raj/2
Judgement Date : 19 September, 2024

Rajasthan High Court

Rahul @ Sanjay S/O Babulal vs State Of Rajasthan (2024:Rj-Jp:39689) on 19 September, 2024

Author: Sameer Jain

Bench: Sameer Jain

[2024:RJ-JP:39689]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 5716/2024
1.       Rahul @ Sanjay S/o Babulal, Aged About 19 Years, R/o
         Khejroli, Police Station Govindgradh, Jaipur.
2.       Mayank Choudhary S/o Babulal, Aged About 25 Years,
         R/o    Nadi   Par       Ki    Dhani,     Chithawadi,       Police   Station
         Samode, District Jaipur.
                                                                     ----Petitioners
                                         Versus
1.       State Of Rajasthan, Through P.P.
2.       Kailash Prajapat S/o Kalu Ram, R/o Nangal Bharda,
         Samode, Jaipur Rural, Rajasthan.
                                                                   ----Respondents

For Petitioner(s) : Mr. Tushar Panwar for Mr. Anish Bhadala For State : Mr. Rishi Raj Singh Rathore, PP with Mr. Manvendra Singh Shekhawat, PP For Complainant : Mr. Rajat Singh Solanki

HON'BLE MR. JUSTICE SAMEER JAIN

Order

19/09/2024

1. This petition under Section 528 B.N.S.S is filed, with a prayer

to quash the FIR No.289/2024 registered at Police Station

Samode, District Jaipur for offences under Sections 140(3),

127(2), 115(2) & 308(3) of BNS, on the basis of compromise

effectuated between the parties herein, in respect of their inter-se

dispute.

2. The petitioner and the complainant have marked presence

before this Court (identified by their counsel) and have submitted

that they have entered into a settlement/compromise to settle the

dispute in-between them.

[2024:RJ-JP:39689] (2 of 3) [CRLMP-5716/2024]

3. Learned counsel for the parties have submitted that the

dispute at hand is inter-se private in nature, which has been

resolved by the parties amicably. Learned counsel for the State

has submitted that there are zilch criminal antecedents registered

against the petitioner.

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

[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."

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. 289/2024

[2024:RJ-JP:39689] (3 of 3) [CRLMP-5716/2024]

registered at Police Station Samode, District Jaipur 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.