[2025:RJ-JP:4680] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7190/2024 Himanshu Son of Late Shri Narendra, Aged About 17 Years, Minor Through Natural Guardian Mother Smt. Premlata W/o Late Shri Narendra, Aged About 49 Years, Resident Of Rajwada, Tehsil Mundawar, District Khairthal- Tijara (Raj). ----Accused-petitioner Versus 1. State of Rajasthan, Through The Public Prosecutor. 2. Manisha W/o Munnalal, Resident of Rajwada, Tehsil Mundawar, District Bhiwadi (Raj). 3. Nikki D/o Munnalal, Aged About 16 Years, Minor Through Natural Guardian Father Munnalal Son Of Bhagmal, Aged About 48 Years, Resident Of Rajwada, Tehsil Mundawar, District Khairthal-Tijara (Raj). ----Respondents For Petitioner(s) : Mr. Gurvindra Singh, Advocate For Respondent(s) : Mr. Manvendra Singh Shekhawat, P.P. Mr. Arpan Kumar Sharma, Advocate HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 03/02/2025 : Instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred on behalf of the accused- petitioner praying therein for quashing the impugned F.I.R. bearing No.260/2023 dt.18.06.2023 registered at Police Station Mundawar District Bhiwadi for commission of offence punishable under Section 363 of I.P.C. Learned Public Prosecutor for the State has submitted the factual report dt.22.01.2025, which is taken on record. Facts of the present case, in brief, are that the complainant/ respondent No.2, namely Manisha has filed a complaint at Police Station Mundawar regarding kidnapping of her daughter (victim/respondent [2025:RJ-JP:4680] (2 of 3) [CRLMP-7190/2024] No.3) on the basis of which aforesaid F.I.R. has been lodged. The petitioner is a juvenile and, therefore, he filed a bail application before Juvenile Justice Board, Alwar & released on bail vide its order dt.28,.08.2023. In the present case, during trial, the accused-petitioner and the complainant-party had entered into a compromise and the dispute between them has amicably been settled. The petitioner & complainant are present-in-person before this Court & they have been identified by their respective Counsel. Learned counsel appearing for the accused-petitioner submits that the complainant-party & the petitioner have already entered into a compromise before the Investigating Officer & other accused-persons have been acquitted after completion of trial and the victim has turned hostile. It is further submitted that since the compromise has been arrived at between the parties by way of mutual consent, no useful purpose would be served in continuing the trial against the petitioner, as the same may derail the compromise arrived at between them. Learned Public Prosecutor for the State has opposed the submissions made by the learned counsel appearing for the accused- petitioner, whereas the learned counsel appearing for the complainant/ party has no objection, if the impugned F.I.R. is quashed, as the parties have already entered into a compromise. In this regard, an affidavit has also been submitted by the victim & her mother & they have also accepted the factum of the compromise. In support of their submissions, learned counsel appearing for the parties, have also placed reliance on the following decisions of the Hon’ble Supreme Court in cases of Gian Singh vs. State of Punjab, (2012) 10 SCC 303, State of M.P. V/s Laxmi Narayan & [2025:RJ-JP:4680] (3 of 3) [CRLMP-7190/2024] Ors. [AIR 2019 SC 1296] & Narinder Singh & Others Vs. State of Punjab & Another, 2014 CRLR (SC) 351. Having considered the overall facts & circumstances of the case & looking to the fact that the compromise has been arrived at between the petitioner & the respondents, this Court is of the view that when once the disputes have been settled by way of mutual compromise, no useful purpose would be served in keeping the criminal proceedings pending. Keeping in view the observations made by the Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab & Another, JT 2012 (9) S.C. 426, this Court is of the opinion that it is a fit case, wherein the criminal proceedings pending against the petitioner can be quashed while exercising powers under Section 528 of B.N.S.S. 2023. Accordingly, instant petition is allowed and the impugned F.I.R. No260/2023 dt.18.06.2023 registered at Police Station, Mundawar District Bhiwadi for commission of offence punishable under Section 363 of I.P.C. is hereby quashed. Pending application, if any, also stands disposed of. (VINOD KUMAR BHARWANI),J. ashok