JITENDRA NATH S/O RAMSEVAK NATH v. STATE OF RAJASTHAN
CRLMP/2097/2025 · 2025-04-25
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15037 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15037 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:17647] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2097/2025
1. Jitendra Nath S/o Ramsevak Nath, Aged About 31 Years, R/o Jogiyo Ka Nada Thasil Kishangarh District Ajmer, Rajasthan.
2. Sanjay Nath S/o Hanuman Nath, Aged About 20 Years, R/o Jogiyo Ka Nada Thasil Kishangarh District Ajmer, Rajasthan.
3. Mohit Nath S/o Nathu Nath, Aged About 16 Years, Through Natural Guardian Father Nathu S/o Narayan Nath Age About 48 Years R/o Jogiyo Ka Nada Thasil Kishangarh District Ajmer Rajasthan. ----Petitioners Versus
1. State Of Rajasthan, Through P.p.
2. Jitendra Nath @ Jitunath S/o Kailash Nath, Aged About 24 Years, R/o Jogiyo Ka Nada Thasil Kishangarh District Ajmer Rajasthan ----Respondents For Petitioner(s) : Mr. Pradeep Sharma For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP with Mr. Rishi Raj Singh Rathore, PP Mr. Mahesh Gurjar HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 25/04/2025
1. This petition under Section 528 B.N.S.S. is filed, with prayer to quash the FIR No.47/2025 registered at Police Station Kishangarh District Ajmer for offences under Sections 140(3), 127(2), 115(2), 352, 134, 110 of B.N.S., on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute.
[2025:RJ-JP:17647] (2 of 3) [CRLMP-2097/2025]
2.
Learned counsel for the petitioners has submitted that the record of criminal antecedents registered against the petitioners is ascertained by the factual report and the parties have amicably decided to put quietus to the dispute inter-se between them.
3. Learned Public Prosecutor has submitted that the injuries as stated in the FIR are identified to be of simple nature by the medical expert and the same is noted in the medical examination report.
4.
Learned counsel for both the parties have submitted that the instant dispute is in personam in nature and both the parties have settled their disputes amicably.
5. Heard and considered.
6. In this regard, 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 the aforesaid 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.”
7. In view of legal proposition of law laid down by the Apex Court in aforementioned case, and considering the personal nature of dispute, which has been amicably settled between parties, this
[2025:RJ-JP:17647] (3 of 3) [CRLMP-2097/2025] Court deems it just and proper to allow the present misc. petition. Compromise is taken on record.
8. Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No. 47/2025 registered at Police Station Kishangarh District Ajmer with all consequential proceedings, is hereby quashed and set aside.
9. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of.
(SAMEER JAIN),J DEEPAK/97