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2025 DAILYLAW 33926 (RAJ)

RAVI KUMAR SHARMA S/O SHRI MUNSHI LAL SHARMA v. STATE OF RAJASASTHAN

CRLMP/8146/2024 · 2025-01-21

Anoop Kumar Dhand

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Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8146/2024 Ravi Kumar Sharma S/o Shri Munshi Lal Sharma, aged about 27 Years, Resident of Near Anjani Nagar Chungi Naka, Police Station Kotwali, Karauli, District Karauli (Rajasthan). ----Petitioner Versus 1. State of Rajasasthan, Through Public Prosecutor. 2. Dileep Kumar S/o Shri Radheshyam, Resident Of 21, Indraprasth Colony, 52 Feet Hanuman Ji Ke Peechhe, Agra Road, Jaipur, District Jaipur (Rajasthan) ----Respondents Connected With S.B. Criminal Miscellaneous (Petition) No. 8041/2024 1. Mohan Singh @ Sonu S/o Shri Bharoshi, Aged About 38 Years, Resident Of Ruggapura,district Karauli, Rajasthan. 2. Ashok Kumar S/o Mohar Singh Gurjar, Aged About 26 Years, Resident Of Gopalpur Sai, Barkheda, District Karauli, Rajasthan. 3. Smt. Kaushalya Devi Wife Of Shri Munshi Lal Sharma, Aged About 51 Years, Resident Of Anjani Nagar, Chungi Naka Ke Pass, Karauli District Karauli, Rajasthan. ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Dileep Kumar S/o Shri Radheshyam, Resident Of 21, Indraprasth Colony, 52 Feet Hanuman Ji Ke Peechhe, Agra Road, Jaipur, District Jaipur (Rajasthan). ----Respondents For Petitioner(s) : Mr. Dharmendra Kumar Bairwa For Respondent(s) : Mr. Manvendra Singh-PP Mr. Ankit Kumar JUSTICE ANOOP KUMAR DHAND Order (2 of 3) [CRLMP-8146/2024] 21/01/2025 1. Both criminal misc. petitions have been filed under Section 528 BNSS for quashing of FIR No. 1240/2023 registered with Police Station Kanota, District Jaipur City (East) for the offences under Sections 420, 406, 467, 468, 471 and 120-B IPC. 2. Learned counsel for the parties have settled their dispute by entering into a compromise and it is borne out from the compromise that the complainant is not inclined to proceed further in this matter. 3. When the matters were listed before this Court on the last date, the parties were directed to appear before the Investigating Officer for the purpose of verification of compromise. 4. In pursuance of the said order, the parties have appeared before the Investigating Officer, who has verified the compromise between the parties and submitted his verification report in this regard. 5. Learned counsels submit that the entire proceedings arising out of the FIR be quashed in light of the judgments passed by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab and Anr. reported in 2012 (10) SCC 303 and The State of Madhya Pradesh vs. Laxmi Narayan and Ors. reported in 2019 (5) SCC 688. 6. In view of the aforesaid compromise, arrived at between the parties as well as the verification report dated 17.12.2024 submitted by SHO, Police Station Kanota District Jaipur (East) and also applying the principles laid down by the Apex Court in the case of Gian Singh (supra) and Laxmi Narayan (supra), this (3 of 3) [CRLMP-8146/2024] Court deems it just and appropriate to invoke the inherent powers of this Court under Section 528 B.N.S.S. 7. Accordingly, both criminal misc. petitions stand allowed. The entire criminal proceedings arising out of the FIR No. 1240/2023 registered with Police Station Kanota, Jaipur City (East) stands quashed and set-aside. The petitioners are discharged from the above charges. 8. Stay applications as well as all pending applications, if any, stand disposed of. 9. The verification report dated 17.12.2024 is ordered to be retained on record. (ANOOP KUMAR DHAND),J Ashu/356-357