NAVEEN S/O LATE SHRI MUKESH KUMAR YADAV v. STATE OF RAJASTHAN
CRLMP/7993/2024 · 2025-03-11
Vinod Kumar Bharwani
Transfer Petitionbody2025
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[ 2025 DAILYLAW 33783 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 33783 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:11128] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7993/2024
1. Naveen S/o Late Shri Mukesh Kumar Yadav, Aged About 40 Years, R/o Jat Wali Dhani, Ward No. 12, Behror, Dist. - Kotputli - Behror (Rajasthan).
2. Pradeep S/o Late Shri Mukesh Kumar Yadav, Aged About 32 Years, R/o Jat Wali Dhani, Ward No. 12, Behror, Dist. - Kotputli - Behror (Rajasthan).
3. Manish S/o Shri Tarachand, Aged About 28 Years, R/o Jat Wali Dhani, Ward No. 12, Behror, Dist. - Kotputli - Behror (Rajasthan).
4. Rakesh Sain S/o Shri Ramavtar Sain, Aged About 30 Years, R/o Jat Wali Dhani, Ward No. 12, Behror, Dist. - Kotputli - Behror (Rajasthan).
5. Devesh S/o Shri Mukesh Kumar, Aged About 30 Years, R/o Hanuman Nagar, Ward No. 1, Behror, Dist. - Kotputli - Behror (Rajasthan). Accused-Petitioners Versus
1. State of Rajasthan, through Public Prosecutor
2. Krishna Kumar S/o Shri Madanlal, Aged About 25 Years, R/o Jainpurbas, Presently Residing At Indira Colony, Behror, Dist. - Kotputli-Behror (Rajasthan). ----Respondents For Petitioner(s) : Mr. Atul Sharma, Advocate For Respondent(s) : Mr. Jai Prakash Tiwari, Public Prosecutor Mr. K.I. Khan, Advocate HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI / Order 11/03/2025 : Instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred on behalf of the accused- petitioners seeking quashing of of impugned F.I.R. No.0480/2024 registered at Police Station, Behror District Kotputli Behor for offences punishable under Sections 115(2), 126(2), 352 & 351(3) of B.N.S. and
[2025:RJ-JP:11128] (2 of 3) [CRLMP-7993/2024] under Sections 3 (1)(S) & 3 (1)(R) of the SC/ST (Prevention of Atrocities) Act in terms of compromise. In compliance of the order dt.29.11.2024 passed by the Coordinate Bench of this Court, learned Public Prosecutor for the State, has submitted the factual report, which is taken on record. As per factual report, both the parties have amicably settled their disputes by way of compromise. An affidavit in this regard has also been executed by the complainant-respondent No.2 & notarized on the same day. The Investigating Officer has also verified the factum of compromise arrived between the parties.
Learned counsel appearing for the accused-petitioners submits that the complainant-respondent & the petitioners have already entered into a compromise before the Investigating Officer. 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 petitioners, 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- petitioners, whereas the learned counsel appearing for the complainant/ respondent has no objection, if the impugned F.I.R. is quashed, as the parties have already entered into a compromise. Having considered the overall facts & circumstances of the case & looking to the fact that the compromise has been arrived at between the petitioners & the respondent, 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.
[2025:RJ-JP:11128] (3 of 3) [CRLMP-7993/2024] Furthermore, 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 petitioners can be quashed while exercising powers under Section 528 of B.N.S.S. 2023. Accordingly, instant petition is allowed. The impugned F.I.R. No.0480/2024 registered at Police Station, Behror District Kotputli Behor is, hereby, quashed qua the present petitioners in terms of compromise. Pending application, if any, also stands disposed of.
(VINOD KUMAR BHARWANI),J ASHOK