HEMANT THEORI SON OF SHRI GOVIND RAM v. STATE OF RAJASTHAN
CRLMP/3689/2025 · 2025-07-10
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22104 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22104 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:25464] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3689/2025 Hemant Theori Son Of Shri Govind Ram, Aged About 25 Years, Resident Of Of Maharaj Surajmal Nagar, Laxmi Niwas, Police Station Sikar, Udyog Nagar, District Sikar (Raj.) ----Petitioner Versus
1. State Of Rajasthan, Through Pp
2. Jitendra Pathak Son Of Shri Bangali Babu Pathak, Aged About 48 Years, Resident Of Ashok Vihar Colony G.t. Road, Dholpur Tehsil And District Dholpur (Raj) ----Respondents For Petitioner(s) : Mr. K.K. Bhinda For Respondent(s) : Mr. Rishi Raj Singh Rathore, P.P. with Mr. Manvendra Singh Shekhawat, P.P. Mr. Nirmal Kumar Sharma for complainant HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 10/07/2025
1. This petition under Section 528 of BNSS is filed, with a prayer to quash the FIR No.8/2024 registered at Police Station Cyber Police Station Dholpur, District Dholpur for offences under Sections 420 and 406 of IPC and 66-D of Information Technology Act, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute.
2.
Learned counsel for both the parties, in presence of their respective clients, 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.
[2025:RJ-JP:25464] (2 of 2) [CRLMP-3689/2025]
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 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.8/2024 registered at Police Station Cyber Police Station Dholpur, District Dholpur with all consequential proceedings, are hereby quashed and set aside.
7. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of.
(SAMEER JAIN),J GAURAV/76