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2025 DAILYLAW 21285 (RAJ)

RAJESH PATEL v. STATE OF RAJ AND ANR

CRLMP/5705/2017 · 2025-08-05

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:30011] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Petition No. 5705/2017 Rajesh Patel S/o Shri Ramsahay Patel, R/o Patelo Ka Mohalla, Shyopur Road, Tehsil Sanganer Jaipur, Raj. ----Petitioner Versus 1. State Of Rajasthan Through PP. ----Respondent 2. Ashish Sharma S/o Shri Ashok Sharma, R/o 37, Satya Colony Ajmer Road, Jaipur. ----Respondent/Complainant For Petitioner : Mr. Surendra Singh, Adv. For Respondents : Ms. Arti Sharma, Dy.G.A. Mr. Vivek Sharma, Addl.G.A. Mr. Sandeep Bhagwati, Adv. (for the complainant) HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 05/08/2025 1. By way of this criminal misc. petition under Section 482 of Cr.P.C., the petitioner has approached this Court with a prayer for quashing of the FIR No.419/2015 registered at Police Station Vaishali Nagar, Jaipur (South) for the offences punishable under Sections 420, 406, 467, 468, 471 and 120-B of IPC on the ground of compromise arrived at between the parties. 2. Learned counsel for the petitioner submits that the petitioner and the respondent No.2, who is complainant of the impugned FIR, have entered into compromise and have amicably settled their dispute and the compromise deed dated 21.10.2017 is [2025:RJ-JP:30011] (2 of 3) [CRLMP-5705/2017] annexed as Annexure-2. Learned counsel prays that this petition be allowed and the criminal proceedings arising out of the FIR No.419/2015 registered at Police Station Vaishali Nagar, Jaipur (South) qua the present petitioner be quashed and set aside. 3. In support of his contentions, learned counsel for the petitioner draws attention of this Court towards the judgment passed by the Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in 2012 Cr.L.J. (SC) 4934. 4. Learned counsel appearing on behalf of the complainant/respondent No.2 admits the factum of compromise and submits that the petitioner and the complainant/respondent No.2 have settled their dispute amicably. Learned counsel also submits that the complainant/respondent No.2 does not want to press the impugned FIR and he has no objection if the criminal proceedings arising out of the impugned FIR qua the petitioner are quashed and set aside. 5. Learned counsel appearing on behalf of the State vehemently oppose the prayer made on behalf of the petitioner. 6. Heard learned counsel for the parties and perused the material available on record. 7. Considering overall facts and circumstances of the case; 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 the Hon'ble Supreme Court in the case of Gian Singh (supra), the impugned FIR qua the petitioner is liable to be quashed. [2025:RJ-JP:30011] (3 of 3) [CRLMP-5705/2017] 8. In view of the aforesaid discussion, this criminal misc. petition is allowed and the FIR No.419/2015 registered at Police Station Vaishali Nagar, Jaipur (South) qua the petitioner is quashed and set aside as well as other criminal proceedings arising out of the same, if any, are also quashed and set aside on the basis of compromise arrived at between the parties. Consequence to follow. 9. Stay application and any other pending applications also stand disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA /29