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[2025:RJ-JP:27564] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1840/2025
1. Ansar Son Of Hanif, Resident Of Village Banarasi, Police Station Pingaon, Dist. Noonh Mewat ( Haryana).
2. Nijjar @ Nijra Son Of Buddhu, Resident Of Village Banarasi, Police Station Pingaon, Distt. Noonh Mewat ( Haryana). ----Petitioners Versus
1. State Of Rajasthan, Through P.p.
2. Mufid Son Of Noorshah, Resident Of Village Udaka, Police Station Kaman, Distt. Deeg. ----Respondents For Petitioner(s) : Mr. Hemendra Goyal For State For Complainant : : Mr. Rishi Raj Singh Rathore, PP Mr. Nitish Kumar Jain HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 23/07/2025
1. This petition under Section 528 of BNSS is filed, with a prayer to quash the FIR No. 486/2009 registered at Police Station Kaman District Bharatpur (Raj.) for offences under Sections 382 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 have submitted that the dispute at hand is inter-se private in nature, which has been resolved by the parties amicably. It is submitted that in the backdrop of the order dated 02.04.2025, verification is carried out by concerned SHO.
3. Heard and considered.
[2025:RJ-JP:27564] (2 of 2) [CRLMP-1840/2025]
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. 486/2009 registered at Police Station Kaman District Bharatpur (Raj.) 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 Pooja /194