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2025 DAILYLAW 29101 (RAJ)

SANWAR SINGH SON OF SHRI JETA SINGH v. STATE OF RAJASTHAN

CRLMP/5782/2024 · 2025-05-22

Sameer Jain

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Judgment text

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[2025:RJ-JP:21694] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5782/2024 1. Sanwar Singh Son Of Shri Jeta Singh, Aged About 42 Years, R/o Village Badalya, Bypass Choraya Ke Pass, Police Station Adarsh Nagar, District Ajmer (Raj.) 2. Mota S/o Shri Samda Khan, R/o Village Guda Police Station Gegal District Ajmer (Raj.) ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Samda @ Samundar Sing Son Of Shri Late Dhanna Singh, Resident Of Village Badalya, Police Station Adarsh Nagar, District Ajmer (Raj) 3. Pappu Singh Son Of Shri Late Dhanna Singh, Resident Of Village Badalya, Police Station Adarsh Nagar, District Ajmer (Raj) 4. Smt. Roopi Wife Of Shri Shayar Singh, Resident Of Village Badalya, Police Station Adarsh Nagar, District Ajmer (Raj) 5. Mahendra Singh S/o Shri Shayar Singh, Resident Of Village Badalya, Police Station Adarsh Nagar, District Ajmer (Raj) 6. Nanu Singh S/o Shri Shayar Singh, Resident Of Village Badalya, Police Station Adarsh Nagar, District Ajmer (Raj) ----Respondents For Petitioner(s) : Mr. Govind Upadhyay For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Rishi Raj Singh Rathore, PP For Complainant : Mr. Anupam Sharma HON'BLE MR. JUSTICE SAMEER JAIN Judgment 22/05/2025 1. Learned counsel for the petitioner has apprised this Court that concerned Notary Officer was not charge-sheeted and [2025:RJ-JP:21694] (2 of 3) [CRLMP-5782/2024] was not made accused in the instant matter, therefore, Notary Officer not being a party, presence of Notary Officer is not required qua the compromise. 2. This petition under Section 528 of BNSS is filed, with a prayer to quash the criminal proceedings case No.11632/2023 arising out of FIR No.259/2019 registered at Police Station Civil Lines, Ajmer for offences under Sections 420, 464, 465, 467, 471 & 120B of IPC, on the basis of compromise 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 [2025:RJ-JP:21694] (3 of 3) [CRLMP-5782/2024] 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.259/2019 registered at Police Station Civil Lines, Ajmer with all consequential proceedings (Criminal Case No.11632/2023), are hereby quashed and set aside. 8. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of. (SAMEER JAIN),J JKP/s-269