Rajasthan High Court - Jaipur
Samandar Kumar Avana Son Of Shri ... vs State Of Rajasthan (2025:Rj-Jp:18943) on 5 May, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:18943]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 9674/2022
1. Samandar Kumar Avana Son Of Shri Mahaveer Prasad
Avana, Resident Of Jakhoda, Institution Secretary,
Rajasthan Madhyamik Shiksha Samiti, Jakhoda, Tehsil
Chirawa, Distt. Jhunjhunu (Raj).
2. Sanjay Avana Son Of Shri Mahaveer Prasad Avana,
Resident Of Jakhoda, President ,rajasthan Madhyamik
Shiksha Samiti, Jakhoda, Tehsil Chirawa, Distt. Jhunjhunu
(Raj).
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Dayal Singh Shekhawat Son Of Shri Rajendra Singh
Shekhawat, Resident Of B-1544,madhukunj, Chitrakoot,
Vaishali Nagar, Jaipur (Raj).
3. Smt. Madhu Kanwar Wife Of Late Shri Rajendra Singh
Shekhawat, Resident Of B-1544, madhukunj, Chitrakoot,
Vaishali Nagar, Jaipur (Raj).
----Respondents
For Petitioner(s) : Mr. Pradeep Singh For Respondent(s) : Mr. M. S. Shekhawat, PP Mr. Sunil Kumar Singodiya for Complainant HON'BLE MR. JUSTICE SAMEER JAIN Judgment 05/05/2025
1. This petition under Section 482 Cr.P.C. is filed, with a prayer to quash the FIR No. 525/2021 registered at Police Station Kotwali Jhunjhunu for offences under Sections 420 of IPC, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute.
2. Learned counsel for both the parties, in presence of their respective clients, have submitted that the dispute at hand is inter-se private in nature, which has been resolved by the parties amicably.
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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 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. Compromise is taken on record.
6. Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No. 525/2021 registered at Police Station Kotwali Jhunjhunu with all consequential proceedings, are hereby quashed and set aside.
7. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of.
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