Naval Dwivedi S/O Ramsharan Dwivedi vs State Of Rajasthan (2024:Rj-Jp:39888)
2024 Latest Caselaw 5877 Raj/2

Citation : 2024 Latest Caselaw 5877 Raj/2
Judgement Date : 20 September, 2024

Rajasthan High Court

Naval Dwivedi S/O Ramsharan Dwivedi vs State Of Rajasthan (2024:Rj-Jp:39888) on 20 September, 2024

Author: Sameer Jain

Bench: Sameer Jain

[2024:RJ-JP:39888]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 4723/2024

Naval Dwivedi S/o Ramsharan Dwivedi, R/o Barnala Tehsil
Bamanwas, District Sawai Madhopur.
                                                                      ----Petitioner
                                      Versus
1.       State Of Rajasthan, Through P.P.
2.       Ms. Pulkit, D/o Surat Singh, Aged About 49 Years, R/o
         Plot No. A-232, Triveni Nagar, Gopalpura Bye Pass, Jaipur.
                                                                   ----Respondents

For Petitioner(s)           :     Mr. Anoop Pareek
For Respondent(s)           :     Mr. M.S. Shekhawat, PP
                                  Mr. Rishi Raj Singh Rathore, PP
                                  Mr. Sohan Lal Sharma


                HON'BLE MR. JUSTICE SAMEER JAIN
                                       Order

20/09/2024

1. This petition under Section 528 of BNSS is filed, with a

prayer to quash the FIR No.292/07, C.I.S. No. 14735/2023

registered at Police Station Shipra Path for offences under

Sections 420, 467, 468, 471, 120B of IPC, on the basis of

compromise effectuated between the parties herein, in respect of

their inter-se dispute.

2. Learned counsel for the parties have submitted that the

petitioner and the respondent No.2, have entered into a

compromise to amicably settle the dispute inter se between them.

Howsoever, due to the restricted jurisdiction, learned Trial Court

has recognized the said compromise upto the extent of the

compoundable offence i.e. Section 420 of IPC, and no order has

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been passed qua the offences under sections 467,468, 471 and

120B of IPC.

3. Heard and considered.

4. Considering the foregoing facts and circumstances of the

instant matter and taking note of the contentions made by the

parties present in Court (identified by their respective counsel)

this Court is of the view that it is 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.

The compromise is taken on record.

6. Considering the aforementioned, the present criminal

miscellaneous petition is allowed and the FIR No.292/07, C.I.S.

No. 14735/2023 registered at Police Station Shipra Path with all

consequential proceedings, are hereby quashed and set aside to

the extent of the afore-stated compromise.

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7. Accordingly, the instant petition is allowed. Pending