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2025 DAILYLAW 23216 (RAJ)

KAPTAN KUSHWAHA S/O SHRI CHANDRA BHAN v. STATE OF RAJASTHAN

CRLMP/3913/2025 · 2025-07-15

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:26232] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3913/2025 1. Kaptan Kushwaha S/o Shri Chandra Bhan, Aged About 26 Years, R/o Khadar Norha, Dholpur, Rajasthan- 328041 2. Vijay Singh S/o Roshan, Aged About 30 Years, R/o Khadar Norha, Dholpur, Rajasthan- 328041 3. Pradeep S/o Seeta Ram, Aged About 35 Years, R/o Khadar Norha, Dholpur, Rajasthan- 328041 ----Petitioners Versus 1. State Of Rajasthan, Through Pp 2. Om Prakash S/o Shri Harikishan, R/o Math Norha, P.s. Kanchanpur, District Dholpur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Ram Ratan Gurjar For Respondent(s) : Mr. Manvendra Singh Shekhawat, Dy. GA Mr. Deepak Sharma HON'BLE MR. JUSTICE SAMEER JAIN Judgment 15/07/2025 1. The present petition is filed under Section 528 B.N.S.S., seeking directions to quash the FIR No.159/2025 registered at Police Station Kanchanpur, District Dholpur for offence under Sections 281, 115(2), 125A, 126(2), 324(4), 303(2) of BNS and Sections 3(1)(s), 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. [2025:RJ-JP:26232] (2 of 3) [CRLMP-3913/2025] 3. Learned counsel for the petitioners has apprised this Court that on erstwhile occasion i.e., on 08.07.2025 parties have marked presence before this Court and were duly identified. It is further submitted that the injuries inflicted upon the victim are not grievous in nature. Further, it is submitted that the impugned FIR was lodged on account of certain confusion, as the dispute inter-se the parties is private in nature. Lastly, it is submitted that the parties wants to put quietus to the instant matter. 4. Heard and considered. 5. 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.” 6. 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. 7. Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No. 159/2025 registered at Police Station Kanchanpur, District Dholpur with all consequential proceedings, is hereby quashed and set aside. [2025:RJ-JP:26232] (3 of 3) [CRLMP-3913/2025] 8. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of. (SAMEER JAIN),J DEEPAK/316