SUBHASH SON OF SHRI SHYOPAL YOGI v. THE STATE OF RAJASTHAN
CRLMP/3608/2025 · 2025-07-01
Sameer Jain
Transfer Petitionbody2025
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[ 2025 DAILYLAW 21689 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 21689 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:24139] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3608/2025
1. Subhash Son Of Shri Shyopal Yogi, Resident Of Torda Gujran, Tehsil Paota, District Kotputli- Behror (Rajasthan).
2. Deshraj Son Of Shri Shyopal Yogi, Resident Of Torda Gujran, Tehsil Paota, District Kotputli- Behror (Rajasthan).
3. Krishan Son Of Shri Shyopal Yogi, Resident Of Torda Gujran, Tehsil Paota, District Kotputli- Behror (Rajasthan). ----Petitioners Versus
1. The State Of Rajasthan, Through P.p.
2. Praveen Kumar Son Of Shri Jairam, Aged About 27 Years, Resident Of Gulabgarh, Police Station Pragpura, District Kotputli- Behror (Raj).
3. Victim X, R/o ----Respondents For Petitioner(s) : Mr. Shyam Bihari Gautam For Respondent(s) : Mr. M S Shekhawat, Dy. GA Mr. Rishi Raj Singh Rathore, PP Mr. Aniket Sharma HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 01/07/2025
1. This petition under Section 528 B.N.S.S is filed, with prayer to quash the FIR No.039/2025 registered at Police Station Pragpura, District Kotputli-Behror (Raj.) for offences under Sections 115(2), 126(2), 351(2), 352, 74, 3(5) of BNS and Sections 3(1)(r), 3(1)(s), 3(1)(w)(i) & 3(2)(va) of SC/ST (Prevention of Atrocities Act), 1989, 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.
3. Heard and considered.
[2025:RJ-JP:24139] (2 of 2) [CRLMP-3608/2025]
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. 039/2025 registered at Police Station Pragpura, District Kotputli-Behror (Raj.) 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/92