Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:301] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Petition No. 7609/2024
1. Mansingh Son Of Harphool, Resident Of Kalakho, Ambadi, Police Station Sikandara, District Dausa.
2. Munesh Son Of Mansingh, Resident Of Kalakho, Ambadi, Police Station Sikandara, District Dausa.
3. Rinku Son Of Mansingh, Resident Of Kalakho, Ambadi, Police Station Sikandara, District Dausa.
4. Kali Devi Wife Of Mansingh, Resident Of Kalakho, Ambadi, Police Station Sikandara, District Dausa. ----Petitioners Versus
1. State Of Rajasthan, Through P.p.
2. Smt. Mosam Devi Wife Of Mukesh, Aged About 35 Years, Resident Of Kalakho, Ambadi, Police Station Sikandara, District Dausa. ----Respondents For Petitioner(s) : Mr. Avtar Singh Rathore, Adv. For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Manish Kumar Meena, Adv.(for the complainant) HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 03/01/2025
1. By way of this criminal misc. petition under Section 528 of B.N.S.S., the petitioners have approached this Court with a prayer for quashing of the FIR No.372/2024 registered at Police Station Sikandra, District Dausa mainly on the ground that the parties have entered into compromise and amicably settled their dispute and now no dispute remains between them.
2. As per the brief facts of the case, on 19.07.2024, an FIR bearing registration No.372/2024 was lodged at Police Station
[2025:RJ-JP:301] (2 of 3) [CRLMP-7609/2024] Sikandra, District Dausa for the offences punishable under Sections 115(2), 126(2), 352, 303(2), 74, 333 and 351(3) read with Section 3(5) of B.N.S., 2023. During pendency of this matter, both the parties have entered into compromise and amicably settled their dispute. Therefore, the present petition has been filed to quash the criminal proceedings on the basis of the compromise arrived at between the parties.
3.
Learned counsel for the petitioners submitted that both the parties have entered into compromise and have settled their dispute amicably and therefore, prayed that the present petition be allowed and the criminal proceedings arising out of the FIR No.372/2024 registered at Police Station Sikandra, District Dausa be quashed and set aside.
4. On 09.12.2024, the Coordinate Bench of this Court directed both the parties to appear before the Investigating Officer for verification of compromise and after investigation, the Investigating Officer was further directed to submit verification report along with the case diary on the next date of hearing.
5. Today, learned Public Prosecutor has produced the factual report dated 17.12.2024 submitted by SHO, Police Station Sikandra, District Dausa, in which it has been mentioned that both the parties have settled their dispute amicably at family and social level and the complainant does not want to prosecute the matter. The factual report dated 15.12.2024 is taken on record. As per the said factual report, the allegations levelled against the petitioners were with regard to the offences punishable under Sections 115(2), 126(2), 352, 351(3), 118(1) and 118(2) read with Section
[2025:RJ-JP:301] (3 of 3) [CRLMP-7609/2024] 3(5) of B.N.S., 2023, however, the offences are non- compoundable.
6.
Learned counsel appearing on behalf of the complainant- respondents has admitted the factum of the compromise arrived at between the parties and has no objection if the criminal proceedings in this matter are quashed and set aside.
7. Heard learned counsel for the parties and perused the material available on record.
8. In view of the aforesaid and considering the fact that the parties have resolved their disputes amicably and also considering that the present case is wholly covered by the principle of law laid down by Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [AIR 1992 SC 604], the FIR is liable to be quashed in view of the compromise arrived at between the parties although the offences are not compoundable.
9. In view of the above, this criminal misc. petition is allowed and the FIR No.372/2024 registered at Police Station Sikandra, District Dausa be quashed and set aside and other criminal proceedings arising out of the same are also quashed and set aside on the basis of compromise arrived at between the parties. Consequence to follow.
10. The stay application also stands disposed of.
(ASHUTOSH KUMAR),J AARZOO ARORA /186