DINESH SAINI SON OF SHRI KESHARDEV SAINI v. STATE OF RAJASTHAN
CRLMP/8135/2024 · 2025-02-05
Vinod Kumar Bharwani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34106 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34106 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:5103] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8135/2024 Dinesh Saini Son Of Shri Keshardev Saini, Resident Of Piprali Road, Dhani Ghorana, Kudli, Post Kudli, District Sikar (Raj). ----Accused-Petitioner Versus
1. State of Rajasthan, Through P.P.
2. Dinesh Kumar Dhaka Son of Shri Babu Lal Dhaka, Aged About 24 Years, Resident Of Village Beri, Tehsil And District Sikar (Raj). ----Respondents For Petitioner(s) : Mr. Jitendra Singh, Advocate with Mr. Ashir Gauri, Advocate For Respondent(s) : Mr. Rishiraj Singh Rathore, P.P. Mr. Anil Agarwal, Advocate HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order 05/02/2025 : Instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred on behalf of the accused- petitioner with the prayer for quashing the criminal proceedings pending against him in a case arising out of F.I.R. No.0189/2024 registered at Police Station, Udhyog Nagar, Sikar for offences punishable under Sections 143, 323, 341, 342, 365 & 382 of I.P.C. in terms of compromise. Learned Public Prosecutor has submitted the factual report dt.04.02.2025, which is taken on record. As per factual report, both the parties have amicably settled their disputes by way of compromise. The Investigating Officer has also verified the factum of compromise arrived between them.
Learned counsel appearing for the accused-petitioner submits that the complainant-respondent & the petitioner have already
[2025:RJ-JP:5103] (2 of 2) [CRLMP-8135/2024] 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 petitioner, 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- petitioner, whereas the learned counsel appearing for the complainant/ respondent No.2 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 petitioner & 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. Further, 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 petitioner can be quashed while exercising powers under Section 528 of B.N.S.S. 2023. Accordingly, instant petition is allowed and the impugned F.I.R. No.0189/2024 registered at Police Station, Udhyog Nagar, Sikar is, hereby, quashed, in terms of compromise. Pending application, if any, also stands disposed of.
(VINOD KUMAR BHARWANI),J.
Ashok-MAHESH ADWANI /98