Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 33936 (RAJ)

SUNNY GAUR SON OF JAIPRAKASH GAUR v. STATE OF RAJASTHAN

CRLMP/7780/2023 · 2025-04-25

Sameer Jain

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:17645] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7780/2023 1. Sunny Gaur Son Of Jaiprakash Gaur, Resident Of Vasant Vihar, Delhi. 2. Vinita Gaur Wife Of Sunny Gaur, Resident Of Vasant Vihar, Delhi. 3. Nirmala Bhardwaj Wife Of Ishwar Chand Bhardwaj, Resident Of Vasant Vihar, Delhi. 4. Prashant Kumar Son Of Ramesh Kumar Omar, Resident Of Vasant Vihar, Delhi. 5. Shivangi Daughter Of Sunny Gaur, Resident Of Vasant Vihar, Delhi. 6. Gauri Gaur Daughter Of Sunny Gaur, Resident Of Vasant Vihar, Delhi. ----Petitioners Versus 1. State Of Rajasthan, Through P.p. 2. Ravi Goyal Son Of Shri Mangelal Goyal, Resident Of Nainwa Road, Rajatgrah Colony, Bundi Sadar Bundi (Raj.) ----Respondents For Petitioner(s) : Mr. Rajveer Singh Gurjar with Mr. Kapil Nagayach Mr. Pradeep Kumar Yadav For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP with Mr. Rishi Raj Singh Rathore, PP Mr. L L Gupta with Mr. Rahul Mr. Prateek Madnani HON'BLE MR. JUSTICE SAMEER JAIN Judgment 25/04/2025 1. This petition under Section 482 Cr. P.C. is filed, with prayer to quash the FIR No.581/2023 registered at Police Station Sadar Bundi for offences under Sections 420, 406, 384, 388 and 120-B [2025:RJ-JP:17645] (2 of 3) [CRLMP-7780/2023] of IPC, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute. 2. Learned counsel for the petitioners has submitted that the dispute pertains to a loan that was taken by the petitioner from the complainant. It is further submitted that as the alleged amount remained unpaid, in the guise of civil proceedings, the impugned FIR was registered under distinguishable provisions, thence the same is unlawful. It is also submitted that over the period, the parties have amicably entered into a compromise to put quietus to the ongoing dispute. 3. Learned counsel for both the parties have submitted that the instant dispute is in personam in nature and both the parties have settled their disputes amicably. 4. Heard and considered. 5. In this regard, 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 the aforesaid 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 legal proposition of law laid down by the Apex Court in aforementioned case, and considering the personal nature [2025:RJ-JP:17645] (3 of 3) [CRLMP-7780/2023] of dispute, which has been amicably settled between parties, this 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. 581/2023 registered at Police Station Sadar Bundi with all consequential proceedings, is hereby quashed and set aside. 8. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of. (SAMEER JAIN),J DEEPAK/69