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2025 DAILYLAW 34050 (RAJ)

SATYANARAYAN BAHETI S/O TARA CHAND BAHETI v. STATE OF RAJASTHAN

CRLMP/8152/2024 · 2025-01-17

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:2437] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8152/2024 1. Satyanarayan Baheti S/o Tara Chand Baheti, Aged About 86 Years, R/o Ward No. 21 Shri Madhopur, District- Neem Ka Thana, Rajasthan Present R/o B-207 Shiv Parvati Satyanagar Bori Vali West, Greater Mumbai, Maharastra (400092). 2. Seema Baheti W/o Hemant Baheti, Aged About 49 Years, R/o Ward No. 21 Shri Madhopur, District- Neem Ka Thana, Rajasthan Present R/o B-207 Shiv Parvati Satyanagar Bori Vali West, Greater Mumbai, Maharastra (400092). 3. Shalu Baheti W/o Ashwini Baheti, Aged About 48 Years, R/o Ward No. 21 Shri Madhopur, District- Neem Ka Thana, Rajasthan Present R/o B-207 Shiv Parvati Satyanagar Bori Vali West, Greater Mumbai, Maharastra (400092). 4. Ashwini Baheti S/o Satyanarayan Baheti, Aged About 57 Years, R/o Ward No. 21 Shri Madhopur, District- Neem Ka Thana, Rajasthan Present R/o B-207 Shiv Parvati Satyanagar Bori Vali West, Greater Mumbai, Maharastra (400092). ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Brijnarayan Baheti S/o Tara Chand Baheti, Aged About 79 Years, R/o Ward No. 21 Shri Madhopur, District Neem Ka Thana, Rajasthan. ----Respondents For Petitioner(s) : Ms. Priyanka Soni, Adv. For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 17/01/2025 1. This petition has been filed for quashing of FIR No.347/2024 registered at Police Station Shri Madhopur, District Neem Ka Thana [2025:RJ-JP:2437] (2 of 3) [CRLMP-8152/2024] for the offences punishable under Sections 420, 467, 468, 471 & 120-B of IPC on the basis of compromise. Compromise deed is also annexed with the petition. 2. On 09.01.2025, the parties were directed to appear before the Investigating Officer for verification of the compromise entered between them and the Investigating Officer was directed to submit the verification report before this Court. 3. Today, learned Public Prosecutor has submitted the verification report dated 16.01.2025 forwarded by Station House Officer, Shri Madhopur, District Neem Ka Thana, in which the factum of compromise has been verified by the Investigating Officer. The report also contained the fact that the complainant has submitted an application before the Investigating Officer for not proceeding further with the FIR. 4. The factual report is taken on record. 5. Heard learned counsel for the parties and perused the material available on record. 6. In view of the aforesaid and considering the fact that the parties have resolved their disputes amicably and also considering the fact that the parties are member of one family and there was property dispute, which has been resolved by the parties by way of compromise and 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. [2025:RJ-JP:2437] (3 of 3) [CRLMP-8152/2024] 7. Accordingly, this criminal misc. petition is allowed and the FIR No. 347/2024 registered at Police Station Shri Madhopur, District Neem Ka Thana is ordered to be quashed and set aside on the basis of compromise arrived at between the parties. Consequence to follow. 8. The stay application and other pending applications, also stands disposed of. (ASHUTOSH KUMAR),J Mohita /92