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2025 DAILYLAW 24867 (RAJ)

RAHISH KHAN S/O ABDUL KHAN v. THE STATE OF RAJATHAN

CRLMP/4377/2025 · 2025-07-28

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:28360] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4377/2025 1. Rahish Khan S/o Abdul Khan, R/o Chopra Ki Dhani, Kho- Nagoriyan, Jaipur City (East), Rajasthan 2. Irfhan S/o Abdul Ganni, R/o Chopra Ki Dhani, Kho- Nagoriyan, Jaipur City (East), Rajasthan 3. Moshin Khan S/o Hamid Khan, R/o Khatiko Ka Mohala, Kho-Nagoriyan, Jaipur City (East), Rajasthan 4. Gulfhan S/o Iddu Khan, R/o Chopra Ki Dhani, Kho- Nagoriyan, Jaipur City (East), Rajasthan 5. Nishar S/o Gulfhan, R/o Chopra Ki Dhani, Kho-Nagoriyan, Jaipur City (East), Rajasthan 6. Saddam S/o Gulfhan, R/o Chopra Ki Dhani, Kho- Nagoriyan, Jaipur City (East), Rajasthan 7. Shabir S/o Hanif, R/o Chopra Ki Dhani, Kho-Nagoriyan, Jaipur City (East), Rajasthan 8. Ikram S/o Abdul Gaanni, R/o Chopra Ki Dhani, Kho- Nagoriyan, Jaipur City (East), Rajasthan 9. Anish S/o Gaffar Khan, R/o Chopra Ki Dhani, Kho- Nagoriyan, Jaipur City (East), Rajasthan ----Petitioners Versus 1. The State Of Rajathan, Through Pp 2. Kallu Khan S/o Hajji Najir Khan, R/o Patiyo Ki Dhani, Kho- Nagoriyan, Jaipur City (East), Rajasthan. ----Respondents For Petitioner(s) : Mr. Anish Bhadala, Adv. For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP Mr. M.S. Shekhawat, PP Mr. Rajat Singh Solanki, Adv. HON'BLE MR. JUSTICE SAMEER JAIN Judgment 28/07/2025 [2025:RJ-JP:28360] (2 of 3) [CRLMP-4377/2025] 1. This petition under Section 528 of BNSS is filed, with a prayer to quash the FIR No.91/2018 registered at Police Station Kho-Nagoriyan, District Jaipur City (East) for offences under Sections 323, 341, 147, 427 of IPC, 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, qua which the compromise deed (Annexure-2) is already furnished before the learned Court below. 3. Heard and considered. 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 [2025:RJ-JP:28360] (3 of 3) [CRLMP-4377/2025] 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.91/2018 registered at Police Station Kho-Nagoriyan, District Jaipur City (East) for offences under Sections 323, 341, 147, 427 of IPC with all consequential proceedings, are hereby quashed and set aside qua the petitioners. 7. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of. (SAMEER JAIN),J CHANDAN /97