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Rajasthan High Court - Jaipur

Devendra Singh Saini S/O Bahadur Mal ... vs State Of Rajasthan (2025:Rj-Jp:26996) on 18 July, 2025

Author: Sameer Jain

Bench: Sameer Jain

[2025:RJ-JP:26996]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 3376/2025

Devendra Singh Saini S/o Bahadur Mal Saini, Aged About 30
Years, R/o Villege Ajeetpura Thana Khetri Jhunjhunu At Present
House No. 14, 15 Green Nagar New Loha Mandi Road Thana
Harmada Jaipur.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through P.p.
2.       Shiwani Sharma D/o Babulal Jangid, R/o Plot No. 71
         Anand Vihar D Hotel Aapni Dhani Mawda Sikar Road
         Jaipur.
3.       Urmila Devi W/o Babulal Jangid, R/o Plot No. 71 Anand
         Vihar D Hotel Aapni Dhani Mawda Sikar Road Jaipur.
                                                                 ----Respondents

For Petitioner(s) : Mr. Mahesh Chand Meena For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Rishi Raj Singh Rathore, PP Mr. Manvendra Singh Choudhary, PP For Complainant : Mr. Ritesh Kumawat HON'BLE MR. JUSTICE SAMEER JAIN Judgment 18/07/2025

1. This petition under Section 528 of BNSS is filed, with a prayer to quash the FIR No.60/2017 registered at Police Station Murlipura Jaipur West for the offences under Sections 279, 337 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 (Downloaded on 01/08/2025 at 11:44:53 PM) [2025:RJ-JP:26996] (2 of 3) [CRLMP-3376/2025] amicably. Learned counsel for the parties have submitted that the a compromise has been entered into the respective sides. It is submitted that the compromise is already acknowledged by the learned Trial Court upto the extent of compoundable offences. The parties are before this Court for consideration of quashing of the FIR vis-a-vis the provisions of Section 337 of IPC.

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.60/2017 (Downloaded on 01/08/2025 at 11:44:53 PM) [2025:RJ-JP:26996] (3 of 3) [CRLMP-3376/2025] registered at Police Station Murlipura Jaipur West 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.

(SAMEER JAIN),J JKP/43 (Downloaded on 01/08/2025 at 11:44:53 PM) Powered by TCPDF (www.tcpdf.org)