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2025 DAILYLAW 17426 (RAJ)

KAPIL MEERCHANDANI S/O LATE KAMAL KISHORE MEERCHANDANI v. STATE OF RAJASTHAN

CRLMP/2580/2025 · 2025-05-08

Praveer Bhatnagar

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:19487] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2580/2025 1. Kapil Meerchandani S/o Late Kamal Kishore Meerchandani, Aged About 35 Years, R/o House No. 1-D- 71, J.n.v. Colony, District Bikaner, At Present Tenant In House No. A-146, Shiv Shakti Nagar, Malviya Nagar, P.s. Malviya Nagar, Jaipur. (At Present Confined In Central Jail Jaipur). 2. Saurabh Sadargani S/o Shri Rajkumar Sadargani, R/o House No. 3-Na-7, Jawahar Nagar, P.s. Jawahar Nagar, Jaipur. ----Petitioners Versus 1. State Of Rajasthan, Through P.p. 2. Ranjan Jain S/o Rakesh Jain, R/o 1379, Diwan Shivaji Lal Ji Ka Rasta, K.p. Bazar, Jaipur. ----Respondents For Petitioner(s) : Mr. J.K. Moolchandani, Adv. For Respondent(s) : Mr. Manvendra Singh, PP Mr. Sankalp Sogani, Adv. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 08/05/2025 1. The present petition has been filed under Section 528 of BNSS against the order dated 01.04.2025 passed by Additional Sr. Civil Judge and Additional Chief Judicial Magistrate No.4, Jaipur Metropolitan-I in Criminal Case No.31644/2024 arising out of FIR No.37/2024, registered at Police Station Malviya Nagar, District Jaipur City (East) for offences under Sections 420, 406, 467, 468, 471 and 120-B of IPC, on the basis of compromise effectuated between the petitioners and the complainant. It is contended that [2025:RJ-JP:19487] (2 of 3) [CRLMP-2580/2025] the charge-sheet against the petitioner has been submitted under Sections 420, 406 and 120-B of IPC and thereafter on 01.04.2025, the petitioners and the complainant appeared before the concerned Court and moved an application for permitting them to compromise and the Court below partly allowed the application and acquitted the petitioners under Sections 420 and 406 of IPC and rejected the application for compromise under Section 120-B of IPC as the said offence is not compoundable. It is further contended that the petitioners may be acquitted under Section 120-B of IPC on the ground of compromise entered between the parties. 2. Learned counsel for the parties have submitted that the dispute at hand is inter-se private in nature, which has been resolved by the parties amicably. 3. Heard and considered. 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 [2025:RJ-JP:19487] (3 of 3) [CRLMP-2580/2025] of dispute, which has been amicably settled between parties, this Court deems it just and proper to allow the present petition. 6. Considering the aforementioned, the present criminal miscellaneous petition is allowed and the petitioners are acquitted under Section 120-B of IPC on the ground of compromise entered between the parties and the FIR No.37/2024 registered at Police Station Malviya Nagar, District Jaipur City (East), with all consequential proceedings qua the petitioners, 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 /-41