ASHOK KUMAR NITAD S/O BANSHIDHAR v. THE STATE OF RAJASTHAN
CRLMP/2187/2025 · 2025-04-15
Ashutosh Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15495 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15495 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:16130] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2187/2025 Ashok Kumar Nitad S/o Banshidhar, Aged About 38 Years, R/o Near Karnal Farm, Hasteda, Police Station- Govindgarh, Chomu Jaipur Presently At C-40 C2 SN Residency Kalwar Road, Police Station Kardhani, Jaipur. ----Petitioner Versus
1. The State Of Rajasthan, Through P.P.
2. Nidhi Jain W/o Vipin Bakiwal, R/o 780-781, Sidharth Nagar, Jaipur, Police Station- Jaipur Airport, Jaipur City ( East), Rajasthan. ----Respondents For Petitioner(s) : Mr. Anish Bhadala, Adv. For Respondent(s) : Mr. Vivek Sharma, PP with Mr. Gaurav Gupta, Ass. GA Mr. Banshi Dhar Badaya, Adv. for complainant Ms. Nidhi Jain-complainant is present in person HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 15/04/2025
1. This criminal miscellaneous petition has been filed under Section 528 of B.N.S.S. 2023 for quashing of FIR No.169/2024 registered at Police Station Jaipur Airport, District Jaipur City (East) for the offences punishable under Sections 318(2), 319(2) & 316(2) of BNS, 2023 and Section 66D of The Information Technology Act, 2000 (as amended in 2008) mainly on the ground that the parties have entered into compromise and amicably settled their dispute and now no dispute remains between them.
[2025:RJ-JP:16130] (2 of 3) [CRLMP-2187/2025]
2.
Learned counsel for the accused-petitioner submits that the accused is in judicial custody and the parties have settled their dispute amicably.
3. The complainant-Nidhi Jain is present in the Court and is duly identified by her counsel.
4. This Court also interacted with the complainant and she has admitted the factum of compromise arrived at between the parties and also the fact that she has received the amount of Rs.18,50,000/-, which was fraudulently taken by the accused- petitioner.
5.
Learned counsel for the complainant accepts the factum of compromise arrived at between the parties and has no objection if the FIR is quashed.
6. Heard learned counsel for the parties and perused the material available on record.
7. In view of the aforesaid and considering the fact that the parties have resolved their disputes amicably and also considering that the present case is wholly covered by the principle of law laid down by Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [AIR 1992 SC 604], the FIR is liable to be quashed in view of compromise arrived at between the parties although the offence under Section 66D of IT Act is non- compoundable.
8. In view of the above, this criminal misc. petition is allowed and the FIR No.169/2024 registered at Police Station Jaipur Airport, District Jaipur City (East) is quashed and set aside on the
[2025:RJ-JP:16130] (3 of 3) [CRLMP-2187/2025] basis of compromise arrived at between the parties to the extent of respondent No.2-Ms. Nidhi Jain only. Consequence to follow.
9. The stay application also stands disposed of.
(ASHUTOSH KUMAR),J Mohita /15