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2025 DAILYLAW 2454 (RAJ)

SUNITA W/O RAMVIR ALIAS MORDHWAJ v. STATE OF RAJASTHAN

CRLMP/69/2025 · 2025-01-20

Ashutosh Kumar

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:2753] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 69/2025 1. Sunita W/o Ramvir Alias Mordhwaj, R/o Jeevad, Police Station And Tehsil Weir, District Bharatpur, Rajasthan. 2. Ramvir Alias Mordhwaj S/o Lakhpat, R/o Jeevad, Police Station And Tehsil Weir, District Bharatpur, Rajasthan. 3. Vikram S/o Lakhpat, R/o Jeevad, Police Station And Tehsil Weir, District Bharatpur, Rajasthan. 4. Lajja S/o Lakhpat, R/o Jeevad, Police Station And Tehsil Weir, District Bharatpur, Rajasthan. 5. Devendra S/o Bachchu, R/o Jeevad, Police Station And Tehsil Weir, District Bharatpur, Rajasthan. 6. Chhattar S/o Bachchu, R/o Jeevad, Police Station And Tehsil Weir, District Bharatpur, Rajasthan. 7. Kamlesh W/o Bachchu, R/o Jeevad, Police Station And Tehsil Weir, District Bharatpur, Rajasthan. 8. Gita W/o Chhattar, R/o Jeevad, Police Station And Tehsil Weir, District Bharatpur, Rajasthan. 9. Gudiya W/o Devendar, R/o Jeevad, Police Station And Tehsil Weir, District Bharatpur, Rajasthan. 10. Nirmala W/o Vikram, R/o Jeevad, Police Station And Tehsil Weir, District Bharatpur, Rajasthan. ----Petitioners Versus 1. State Of Rajasthan, Through P.P. 2. Girraj Singh S/o Shri Munshiram, R/o Jeevad, Police Station And Tehsil Weir, District Bharatpur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Sukhdev Singh Solanki, Adv. For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Mukesh Choudhary, Adv. for respondent no.2 HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 20/01/2025 1. Amended cause title has been taken on record. 2. This criminal miscellaneous petition has been filed under Section 528 of B.N.S.S. 2023 for quashing of FIR No.279/2024 [2025:RJ-JP:2753] (2 of 3) [CRLMP-69/2025] registered at Police Station Weir, District Bharatpur for the offences punishable under Sections 189(2), 115(2), 126(2), 125 & 352 of BNS, 2023 mainly on the ground that the parties have entered into compromise and amicably settled their dispute and now no dispute remains between them. 3. Learned counsel appearing on behalf of both the parties submitted that the parties have settled their dispute amicably and complainant does not want to proceed further in this FIR. 4. On 09.01.2025, this Court had directed both the parties to appear before the Investigating Officer and the Investigating Officer was directed to verify the factum of compromise arrived at between the parties and submit its report before this Court. Therefore, today, learned Public Prosecutor has submitted the factual report dated 14.01.2025 forwarded by the Station House Officer Weir, District Bharatpur, in which it has been mentioned that both the parties appeared before the Investigating Officer and submitted that they have settled their dispute by way of compromise. Compromise deed has also annexed with this petition. The FIR was registered under both the offences compoundable as well as non-compoundable. The factual report is taken on record. 5. Heard learned counsel for the parties and also perused the material available on record. 6. In view of the aforesaid and considering the submissions made on behalf of the respective parties and the material made available for my perusal, this Court feels that in order to establish harmony between the petitioners and the complainant and give [2025:RJ-JP:2753] (3 of 3) [CRLMP-69/2025] quietus to the litigation, it would be expedient that the impugned FIR is quashed. 7. The present case is wholly covered by the principle of law laid down by Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr.-reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [AIR 1992 SC 604], the FIR is liable to be quashed in view of compromise arrived at between the parties, although the offences are non-compoundable. 8. In view of the above, this criminal misc. petition is allowed and FIR No. 279/2024 registered at Police Station Weir, District Bharatpur is quashed. Consequence to follow. 9. The stay application also stands disposed of. (ASHUTOSH KUMAR),J Mohita /484