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2025 DAILYLAW 15145 (RAJ)

ASHOK KUMAR JAIN S/O LATE SHRI TARA CHAND JAIN v. STATE OF RAJASTHAN

CRLMP/2121/2025 · 2025-04-16

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:16236] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2121/2025 1. Ashok Kumar Jain S/o Late Shri Tara Chand Jain, Resident Of B-87, Ashok Villa, Chatri Yojna, Vaishali Nagar, Ajmer. 2. Smt. Beena Jain W/o Shri Ashok Kumar Jain, Resident Of B-87, Ashok Villa, Chatri Yojna, Vaishali Nagar, Ajmer. 3. Ashish Jain S/o Shri Ashok Kumar Jain, Resident Of B-87, Ashok Villa, Chatri Yojna, Vaishali Nagar, Ajmer. 4. Kailash Chauhan S/o Late Shri Sohan Lal Chauhan, R/o 661, Krishna Vihar Colony, Bk Kaul Nagar, Ajmer. ----Petitioners Versus 1. State Of Rajasthan, Through P.P. 2. Rajesh Kumar Soni S/o Shri Trilok Chand Jain, R/o P-5, Anted Road, Parshaw Nath Colony, Vaishali Nagar, Ajmer ----Respondents For Petitioner(s) : Mr. Rahul Agarwal For Respondent(s) : Mr. Manvendra Singh Choudhary, PP with Mr. Shree Ram Dhakar, PP Mr. Kartikay Johary HON'BLE MR. JUSTICE SAMEER JAIN Judgment 16/04/2025 1. This petition under Section 528 B.N.S.S. is filed, with prayer to quash the FIR No.687/2023 registered at Christian Ganj, Ajmer for offences under Sections 420, 406, 120B 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 instant dispute is in personam in nature and both the parties have settled their disputes amicably. [2025:RJ-JP:16236] (2 of 2) [CRLMP-2121/2025] 3. Heard and considered. 4. 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.” 5. 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 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. 687/2023 registered at Christian Ganj, Ajmer with all consequential proceedings, is hereby quashed and set aside. 7. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of. (SAMEER JAIN),J DEEPAK/37