PREM PRAKASH SONI S/O LATE SHRI SITARAM SONI v. STATE OF RAJASTHAN
CRLMP/5100/2024 · 2025-05-09
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27146 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27146 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Petition No. 5100/2024
1. Prem Prakash Soni S/o Late Shri Sitaram Soni, Resident Of Plot No. 112, Shri Radha Krishna Colony, Gokulpura, Police Station Kardhani, Jaipur, Rajasthan.
2. Saroj Soni W/o Shri Prem Prakash Soni, Resident Of Plot No. 112, Shri Radha Krishna Colony, Gokulpura, Police Station Kardhani, Jaipur, Rajasthan.
3. Mukesh Soni S/o Prem Prakash Soni, Resident Of Plot No. 112, Shri Radha Krishna Colony, Gokulpura, Police Station Kardhani, Jaipur, Rajasthan.
4. Manisha Soni D/o Prem Prakash Soni, Resident Of Plot No. 112, Shri Radha Krishna Colony, Gokulpura, Police Station Kardhani, Jaipur, Rajasthan. ----Accused/Petitioners Versus
1. State Of Rajasthan, Through Public Prosecutor. ----Respondent
2. Smt. Chanchal Soni W/o Shri Punam Chand Soni, Aged About 32 Years, Resident Of Plot No. 17, Meenakshipuram-A, Gokulpura, Kardhani, Jaipur (West), Rajasthan. ----Complainant-Respondent For Petitioner(s) : Mr. Jai Kishan Yogi For Respondent(s) : Mr. Rishi Raj Singh Rathore, P.P. with Mr. Manvendra Singh Shekhawat, P.P. Mr. Sawai Singh, CI, SHO, Kardhani HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 09/05/2025
1. This petition under Section 528 of BNSS, 2023 is filed with a prayer to quash the FIR No.698/2024 registered at Police Station Kardhani, District Jaipur (West) for offences under Sections 341,
(2 of 3) 323, 504, 506 and 143 of IPC, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute.
2.
Learned counsel for petioners has submitted that the dispute at hand is inter-se private in nature and has been resolved by the parties amicably. The same is affirmed by the Investigating Officer who has marked presence before the Court. It is furhter submitted that the allegations levelled in the FIR (supra) are interwoven with a dispute that was prevailing in between the husband and complainant-wife, however, as on date, the said dispute has been resolved by all the parties.
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
(3 of 3) of dispute, which has been amicably settled between parties, this Court deems it just and proper to allow the present misc. petition.
6. Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No.698/2024 registered at Police Station Kardhani, District Jaipur (West) 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 GAURAV/C-1