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2025 DAILYLAW 21446 (RAJ)

ARMAN S/O MANGRU v. STATE OF RAJASTHAN

CRLMP/3563/2025 · 2025-08-04

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:29790] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3563/2025 1. Arman S/o Mangru, Aged About 16 Years, Minor Through Natural Guardian Father Mangru, R/o Kotakhurd, Ramgarh, Alwar, District Alwar ( Rajasthan). 2. Yasir S/o Samaydeen, Aged About 17 Years, Minor Through Natural Guardian Father Samaydeen, R/o Kotakhurd, Ramgarh, Alwar, District Alwar ( Rajasthan). 3. Farjeen @ Lala S/o Rahmudeen, Aged About 17 Years, Minor Through Natural Guardian Father Rahmudeen, R/o Kotakhurd, Ramgarh, Alwar, District Alwar ( Rajasthan). ----Petitioners Versus 1. State Of Rajasthan, Through P.P. 2. Subchain S/o Buggar Khan, R/o Kota Khurd, Ramgarh (Alwar), District Alwar ( Rajasthan). ----Respondents For Petitioner(s) : Mr. Suresh Kumar For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP Mr. Chaman Singh HON'BLE MR. JUSTICE SUDESH BANSAL Order 04/08/2025 1. This petition under Section 528 BNSS has been filed by and on behalf of petitioners-accused, seeking to quash the FIR No.99/2025 registered at Police Station Ramgarh, District Alwar for offences under Sections 326(G), 3(5), 324(4) and 352 of BNS and Section 9 of the Rajasthan Bovine Animal (Prohibition of Slaughter of Regulation of Temporary Migration or Export) Act, 1995, on the basis of compromise. 2. It has been contended that respondent No.2- complainant has lodged the present FIR under some misconception of facts that injury to his cow and damage to his hut, were caused due to [2025:RJ-JP:29790] (2 of 3) [CRLMP-3563/2025] throwing a burning stick by petitioners, but after indulgence of villagers, such misconception has been cleared and now complainant does not want to prosecute the petitioners. It has been submitted that since petitioners are minor, hence, their natural guardian i.e. father, are present in person. 3. Counsels, appearing for both parties, jointly prayed that since parties have entered into a compromise and mutually sorted out their dispute and respondent No.2- Complainant does not want to continue the proceedings/ investigation in the present FIR, hence the FIR, alongwith all consequential proceedings, be ordered to be quashed. 4. The Hon’ble Supreme Court in case of Gian Singh Vs. State of Punjab[(2012) 10 SCC 303] has observed in Para No.58 of the judgment that the High Court may exercise its jurisdiction under Section 482 Cr.P.C. to quash an FIR or criminal proceedings though the offences involved therein are not compoundable, considering the facts and situation that in the opinion of High Court continuation of criminal proceedings will be an exercise in futility and justice demands that the dispute between parties be put to an end. It was opined that the offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transaction where the dispute is inter se dispute between parties and the nature of offence is neither serious nor adversely affects public at large, criminal proceedings therein can be allowed to be quashed by exercising powers under Section 482 Cr.P.C. for ends of justice. [2025:RJ-JP:29790] (3 of 3) [CRLMP-3563/2025] 5. In view of legal proposition of law laid down by the Apex Court in aforesaid case, and considering the nature of accusation, offences and the fact that parties have mutually settled their dispute as much as complainant does not want to pursue his complaint/ FIR, this Court deems it just and proper to quash the impugned FIR. 6. As a final result, present criminal miscellaneous petition is allowed and FIR No.99/2025 registered at Police Station Ramgarh, District Alwar, with all consequential proceedings, is hereby quashed and set aside. 7. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Sachin/19