MOHIT JAIN S/O SHRI PADAMCHAND JAIN v. STATE OF RAJASTHAN
CRLMP/1432/2020 · 2026-03-09
Anoop Kumar Dhand
body2020
DailyLaw.ai
[ 2020 DAILYLAW 744 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2020 DAILYLAW 744 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1432/2020 Mohit Jain S/o Shri Padamchand Jain, Aged About 29 Years, R/o 66, Radhanikunj, Muhana Mandi Road, Mansarovar, Jaipur ----Petitioner Versus
1. State Of Rajasthan, Through PP
2. Manish Sharma S/o Shri Ghanshyam Sharma, R/o 36/117, Kiran Path, Mansarovar, Jaipur ----Respondents For Petitioner(s) : Mr. Pradeep Sharma For Respondent(s) : Mr. Vivek Choudhary-PP Mr. Manish Sharma JUSTICE ANOOP KUMAR DHAND Order 09/03/2026
1. By way of filing the instant petition, a challenge has been led to the impugned order dated 08.02.2020, passed by the Additional Chief Metropolitan Magistrate No. 6, Jaipur by which the application submitted by the complainant and the accused for compounding the offence has been partly accepted qua the offence under Sections 336 and 504 IPC and rejected qua the offence under Section 279 IPC.
2. Counsel for the petitioner submits that now the complainant does not wish to prosecute the petitioner, hence, the aforesaid application has been submitted for compounding the offences before the Court below.
3. Considering the overall facts and circumstances of the case, and the submissions made before this Court and applying the
(2 of 2) [CRLMP-1432/2020] principles of law as laid down by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303 & State of Madhya Pradesh Vs. Laxmi Narayan & Ors., reported in (2019) 5 SCC 688, this Court deems it just and appropriate to invoke the inherent powers of this Court under Section 528 BNSS.
4. Accordingly, the instant criminal misc. petition is allowed. The criminal proceedings pending before the Additional Chief Metropolitan Magistrate No. 6, Jaipur arising out of impugned FIR No.283/2019 registered with Police Station Mansarovar, District Jaipur City (South), stands quashed and set-aside. The petitioner is discharged from the charge under Section 279 IPC.
5. Stay application and all pending application(s), if any, also stands disposed of.
(ANOOP KUMAR DHAND),J Ashu/4