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2024 DAILYLAW 1809 (RAJ)

BHOM SINGH S/O SHRI DEVI SINGH v. STATE OF RAJASTHAN

CRLMP/7186/2024 · 2026-05-26

Anoop Kumar Dhand

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Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7186/2024 Bhom Singh S/o Shri Devi Singh, R/o Bhinyani, Jaisalmer, Rajasthan. ----Petitioner Versus 1. State of Rajasthan, through Public Prosecutor. 2. Pratap Singh S/o Shri Ganpat Singh, R/o 252, Hanuman Nagar Vistar, Vaishali Nagar, Jaipur. ----Respondents For Petitioner(s) : Ms.Kavita Bhati For Respondent(s) : Mr.Amit Kumar Gupta, Addl. GA with Mr.Gaurav Gupta, Asst. GA. JUSTICE ANOOP KUMAR DHAND Order 26/05/2026 1. The instant criminal misc. petition has been submitted with a prayer to quash the impugned F.I.R. No.313/2024, registered with the Police Station Vaishali Nagar, District Jaipur (West), for the offences punishable under Sections 420 & 406 IPC on the basis of the compromise. 2. Learned counsel for the petitioner submits that after lodging of the impugned F.I.R., the complainant Pratap Singh has entered into a compromise with the petitioner and now, the complainant does not wish to prosecute the petitioner. Counsel submits that this Court vide order dated 25.08.2025 directed the parties to appear before the Investigating Officer for verification of the compromise arrived at between the parties. (2 of 3) [CRLMP-7186/2024] 3. Counsel submits that pursuant to the aforesaid order, the parties have appeared before the Investigating Officer, who has verified the factum of compromise arrived at between the parties, but in spite of above, charge-sheet has been submitted against the petitioner. 4. Counsel submits that the dispute between the parties is personal in nature, which has been amicably settled between them, hence, under these circumstances, continuation of the proceedings against the petitioner would tantamount to abuse of process of law, hence, under these circumstances, the impugned F.I.R. may kindly be quashed and set-aside. 5. Per contra, learned Public Prosecutor opposes the prayer raised by counsel for the petitioner. 6. Considering the arguments put forward by learned counsel for the petitioner and looking to the fact that after registration of the impugned F.I.R., the parties have settled their dispute amicably by entering into a compromise, which has been annexed with the record as “Annexure-A1” and the same has been verified by the Investigating Officer and this fact is clear from the factual report dated 24.05.2026 received from the Police Station Vaishali Nagar, Jaipur (West). 7. Looking to the fact that the dispute between the parties is personal in nature and the parties have amicably settled the same and now, the complainant does not wish to prosecute the petitioner and hence, applying the principles laid down by the Hon’ble Apex Court in the cases of Gian Singh Vs. State of Punjab reported in 2012 (10) SCC 303 and The State of Madhya Pradesh vs. Laxmi Narayan reported in 2019 (5) SCC (3 of 3) [CRLMP-7186/2024] 688, this Court deems it just and proper to invoke inherent powers of this Court contained under Section 482 Cr.P.C. 5. Accordingly, the instant criminal misc. petition stand allowed and the criminal proceedings arising out of the impugned F.I.R. No.313/2024, registered with the Police Station Vaishali Nagar, District Jaipur (West) is quashed. 6. The stay application and all pending applications, if any, stand disposed of. 7. The factual report dated 24.05.2026 received from the S.H.O. Police Station Vaishali Nagar, Jaipur (West) is ordered to be retained on record. (ANOOP KUMAR DHAND),J Aayush Sharma/100