SHOKIN KHAN S/O NAJIR KHAN v. THE STATE OF RAJASTHAN
CRLMP/4384/2025 · 2025-07-28
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24911 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24911 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:28361] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4384/2025
1. Shokin Khan S/o Najir Khan, R/o Udaipur Gilariya, Kho- Nagoriyan, Jaipur City (East), Rajasthan
2. Babu Khan S/o Nashir Khan, R/o Udaipur Gilariya, Kho- Nagoriyan, Jaipur City (East), Rajasthan
3. Hajji Kallu Khan S/o Hajji Nashir Khan, R/o Udaipur Gilariya, Kho-Nagoriyan, Jaipur City (East), Rajasthan.
4. Ikram Khan S/o Nashir Khan, Udaipur Gilariya, Kho- Nagoriyan, Jaipur City (East), Rajasthan
5. Nijam Khan S/o Ushman Khan, R/o Udaipur Gilariya, Kho- Nagoriyan, Jaipur City (East), Rajasthan
6. Shahid @ Meena S/o Bashir Khan, R/o Dhani Paatiyan, Udaipur Gilariya, Kho-Nagoriyan, Jaipur City (East), Rajasthan
7. Kadir S/o Hajji Nashir Khan, R/o Udaipur Gilariya, Kho- Nagoriyan, Jaipur City (East), Rajasthan
8. Aabid S/o Shabbir @ Bhura Khan, R/o Patiyo Ki Dhani, Kho-Nagoriyan, Jaipur City (East), Rajasthan.
9. Munvar Khan S/o Sanvar Khan, R/o Patiyo Ki Dhani, Kho- Nagoriyan, Jaipur City (East), Rajasthan
10. Saddam Khan S/o Abdul Rajjak, R/o Patiyo Ki Dhani, Kho- Nagoriyan, Jaipur City (East), Rajasthan
11. Harun Khan S/o Nayun Khan @ Naiyan Khan, Patiyo Ki Dhani, Kho-Nagoriyan, Jaipur City (East), Rajasthan ----Petitioners Versus
1. The State Of Rajasthan, Through Pp
2. Rahish Khan S/o Abdul Ganni, R/o Chopda 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.
[2025:RJ-JP:28361] (2 of 3) [CRLMP-4384/2025] HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 28/07/2025
1. This petition under Section 528 of BNSS is filed, with a prayer to quash the FIR No.90/2018 registered at Police Station Kho-Nagoriyan, District Jaipur City (East) for offences under Sections 323, 341, 147, 427, 379 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
[2025:RJ-JP:28361] (3 of 3) [CRLMP-4384/2025] 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.90/2018 registered at Police Station Kho-Nagoriyan, District Jaipur City (East) for offences under Sections 323, 341, 147, 427, 379 of IPC of IPC 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 CHANDAN /98