Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 14449 (RAJ)

PUSHKAR SAINI S/O MAKHANLAL SAINI v. THE STATE OF RAJASTHAN

CRLMP/1999/2025 · 2025-05-02

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:18647] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1999/2025 1. Pushkar Saini S/o Makhanlal Saini, Aged About 43 Years, R/o Hanuman Baghichi Ke Paas, Ward No. 8, Tijara, Rajasthan-301411. 2. Kamlesh S/o Raghuveer, Aged About 38 Years, R/o Jain College Ke Paas, Tijara, Rajasthan-301411. 3. Sonu S/o Ratan Lal, Aged About 33 Years, R/o Khuntala, Tijara, Rajasthan-301411. 4. Ratan S/o Ramchandra, Aged About 60 Years, R/o Khuntala, Tijara, Rajasthan-301411. 5. Jaswant Singh S/o Ram Chandra Saini, Aged About 74 Years, R/o Jain College Ke Paas, Tijara, Rajasthan- 301411. 6. Gordhan Saini S/o Radhuvir Saini, Aged About 39 Years, R/o Jain College Ke Paas, Tijara, Rajasthan-301411. 7. Subhash Chand S/o Ratan Lal, Aged About 39 Years, R/o Tijara, Alwar, Rajasthan-301411. 8. Bharat S/o Ratan Lal, Aged About 33 Years, R/o Khuntala, Tiajra, Rajasthan-301411. 9. Prakash Saini S/o Makhanlal Saini, Aged About 39 Years, R/o Hanuman Baghichi Ke Paas, Ward No. 8, Tijara, Rajasthan-301411. 10. Sampi Saini S/o Jaswant Singh, Aged About 42 Years, R/o Jain College Ke Paas, Tijara, Rajasthan-301411. ----Petitioners Versus 1. The State Of Rajasthan, Through P.p. 2. Anil Kumar Mathur S/o Shyamsharan Mathur, Aged About 65 Years, R/o Ward No. 20, Tijara, Bhiwadi, Rajasthan- 301411. ----Respondents For Petitioner(s) : Mr. Gautam Bhadadra, Adv. For Respondent(s) For Complainant : : Mr. Onkar Singh Rajpurohit, PP Mr. Anurag Sharma, Adv. [2025:RJ-JP:18647] (2 of 3) [CRLMP-1999/2025] HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 02/05/2025 1. The present petition has been filed under Section 528 of BNSS for quashing the FIR No.410/2024, registered at Police Station Tijara, District Bhiwadi for offences under Sections 189(2), 115(2), 126(2), 324(4), 324(5) and 308(2) of BNS, on the basis of compromise entered between the parties vide Annexure-2. 2. Learned counsel for Respondent No.2 concedes that the petitioners and respondent No.2 have entered into compromise which bears the signature of respondent No.2-Anil Kumar Mathur vide Annexure-2. It is also contended that on 08.04.2025, this Court verified the contents of the compromise entered between the parties and the complainant admitted the fact of entering into compromise with the petitioners. The dispute between the parties pertains to land for which civil suit is also pending, the parties have agreed upon to withdraw the civil suit and also not to prosecute the present petitioners, therefore, considering the above facts, if the FIR and subsequent proceeding is quashed then the complainant has no objection. 3. Learned Public Prosecutor has submitted the factual report, the same is taken on record. 4. Heard and perused the material available on record. 5. Considering the fact that the parties have agreed upon to enter into compromise and it bears the signature of the complainant and the dispute between the parties is inter-se and does not affect the society at large, this Court placing reliance upon the judgment passed by the Hon’ble Apex Court in Gian [2025:RJ-JP:18647] (3 of 3) [CRLMP-1999/2025] Singh Vs. State of Punjab [(2012) 10 SCC 303] and Ramgopal Vs. The State of Madhya Pradesh reported in 2022 (14) SCC 531, this Court deems it just and proper to allow the present petition. 6. Considering the aforementioned, the present criminal miscellaneous petition is allowed on the ground of compromise entered between the parties and the FIR No.410/2024, registered at Police Station Tijara, District Bhiwadi 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. (PRAVEER BHATNAGAR)J Ashwani Kr Srivastava /-206