Rajasthan High Court - Jodhpur
Ali Hasan vs State Of Rajasthan (2025:Rj-Jd:11835) on 3 March, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:11835]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1315/2025
Ali Hasan S/o Manjoor Hasan, Aged About 63 Years, R/o Pipar
City, Dist. Jodhpur Rural, Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Naveen Bhati S/o Rajesh Kumar, Aged About 35 Years,
R/o House No. 2045/3, Sector C, Chandigarh,raj.
----Respondents
For Petitioner(s) : Mr. Kshitij Vyas, on behalf of Mr.
Javed Hussain
For Respondent(s) : Mr. Shriram Choudhary, Addl. G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
03/03/2025
1. The instant criminal miscellaneous petition has been filed
under Section 528 of the BNSS for quashing of FIR No.260/2024
registered at Police Station Pipar City, District Jodhpur Rural for
the offences under Sections 420, 467, 468 and 471 of the IPC.
2. It is submitted by learned counsel for the petitioner that the
dispute in between the parties has been resolved through an
amicable settlement and now, there remains no controversy in
between them and the parties do not wish to continue the criminal
proceedings further.
3. Learned Public Prosecutor has opposed the petition.
4. Heard, perused the material available on record more
particularly the nature of allegation and factual report submitted
by the learned Public Prosecutor which incorporates the fact that
[2025:RJ-JD:11835] (2 of 3) [CRLMP-1315/2025]
the parties submitted a copy of the judgment passed by the Court
of ACJM, Pipar City based on the compromise in the spirit of Lok
Adalat to the Investigating Officer. The parties to the lis have
resolved their dispute amicably and do not wish to continue the
criminal proceedings and have jointly prayed for quashing of the
same. Some of the offences alleged in this matter are non-
compoundable, however, Hon'ble Supreme Court in the case of
Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] has
propounded that if it is convinced that offences are entirely
personal in nature and do not affect the public peace or tranquility
and where it feels that quashing of such proceedings on account of
compromise would bring about peace and would secure ends of
justice, the High Court should not hesitate to quash the same by
exercising the inherent powers vested in it. It is observed that in
such cases, the prosecution becomes a lame prosecution and
pursuing such a lame prosecution would be a waste of time and
energy that will also unsettle the compromise and obstruct
restoration of peace. This court is aptly guided by the principles
propounded by Hon'ble the Supreme Court and feels that where
the dispute is essentially inter se between the parties, either they
are relatives, neighbours or having business relationship and
which does not affect the society at large, then in such cases, with
a view to maintain harmonious relationships between the two
sides, to end-up the dispute in between them permanently as well
as for restitution of relationship, the High Court should exercise its
inherent power to quash the FIR and all other subsequent
proceedings initiated thereto.
[2025:RJ-JD:11835] (3 of 3) [CRLMP-1315/2025]
5. Here in this case, though some of the offences are not
compoundable but the parties have settled the dispute amicably
and that is essentially in between the parties which is not affecting
public peace and tranquility, therefore, with a view to maintain the
harmony and to resolve the dispute finally in between the parties,
it is deemed appropriate to quash the FIR and all further
proceedings undertaken in pursuance thereof.
6. Accordingly, the criminal miscellaneous petition is allowed
and the FIR mentioned above, and all further proceedings
undertaken in pursuance thereof are hereby quashed and set
aside. If the petitioner is on bail, his bail bonds shall stand
discharged. The SHO concerned is directed to file a closure report
with the concerned Judicial Magistrate within a period of one
month from the date of receiving copy of this order.
7. The stay petition also stands disposed of.
(FARJAND ALI),J
31-Pramod/-
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