SONU BAIRWA S/O BABULAL BAIRWA v. STATE OF RAJASTHAN
CRLMP/4540/2025 · 2025-07-28
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25445 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25445 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:28357] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4540/2025
1. Sonu Bairwa S/o Babulal Bairwa, R/o Baskho Wali Dhani, Baniyana, P.s. Lawan District Dausa
2. Sachin Gurjar S/o Banwari Lal Gurjar, R/o Badh Bidarkha, District Dausa
3. Sanjay Meena S/o Failyram Meena, R/o Matwas Dhani, Baniyana, P.s. Lawan, District Dausa
4. Manish Gurjar S/o Shankar Gurjar, R/o Kai Ki Dhani, Baniyala, P.s. Lawan, District Dausa ----Petitioners Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Mukesh Bairwa S/o Ramsahay Bairwa, R/o Matwas, P.s. Lawan, District Dausa ----Respondents For Petitioner(s) : Mr. Mohar Pal Meena, Adv. For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP Mr. M.S. Shekhawat, PP Mr. Chaman Singh, Adv.
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 28/07/2025
1. Petitioners and the complainant are present in person and they have been identified by their respective counsels.
2. This petition under Section 528 of BNSS is filed, with a prayer to quash the FIR No.51/2025 registered at Police Station Lawan, District Dausa for offences under Sections 115(2), 126(2), 127(2), 140(2), 303(2), 308(2), 351(3), 189(2) of BNS and Section 3(2)(v) of SC/ST Act on the basis of compromise
[2025:RJ-JP:28357] (2 of 3) [CRLMP-4540/2025] effectuated between the parties herein, in respect of their inter-se dispute.
3.
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.
4. Heard and considered.
5. 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.”
6. 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.
7. Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No.51/2025
[2025:RJ-JP:28357] (3 of 3) [CRLMP-4540/2025] registered at Police Station Lawan, District Dausa for offences under Sections 115(2), 126(2), 127(2), 140(2), 303(2), 308(2), 351(3), 189(2) of BNS and Section 3(2)(v) of SC/ST Act with all consequential proceedings, are hereby quashed and set aside.
8. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of.
(SAMEER JAIN),J CHANDAN /106