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2025 DAILYLAW 34385 (RAJ)

PUSHKAR SON OF AMARCHAND v. STATE OF RAJASTHAN

CRLMP/8310/2024 · 2025-01-21

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.8310/2024 1. Pushkar Son Of Amarchand, Resident Of Nagla Mai, Police Station Lakhanpur, District Bharatpur (Raj.) 2. Rahul Son Of Rajesh, Resident Of Nagla Mai, Police Station Lakhanpur, District Bharatpur (Raj.) 3. Harman Son Of Amarchand, Resident Of Nagla Mai, Police Station Lakhanpur, District Bharatpur (Raj.) 4. Gaurav Son Of Rajveer, Resident Of Nagla Mai, Police Station Lakhanpur, District Bharatpur (Raj.) ----Petitioners Versus 1. State Of Rajasthan, Through P.p. 2. Rajveer Singh Son Of Tejan Singh, Aged About 37 Years, Resident Of Nagla Mai, Police Station Lakhanpur, District Bharatpur (Raj.) ----Respondents For Petitioner(s) : Ms. Namrata Sharma For Respondent(s) : Mr. Manvendra Singh, PP Mr. Sumit Kumar & Mr. Mirza Shoaib JUSTICE ANOOP KUMAR DHAND Order 21/01/2025 1. This petition under Section 528 BNSS has been submitted for quashing of FIR No.258/2024 registered with Police Station Lakhanpur, District Bharatpur for the offences under Sections 115(2), 126(2), 76 and 3(5) of BNS on the basis of compromise between the parties. 2. It has been submitted that cross-cases have been lodged between the parties and now a compromise has been (2 of 3) [CRLMP-8310/2024] arrived between them and it is borne out from the compromise that the complainant is not inclined to pursue this matter. 3. When the matter was 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. The factual report dated 18.12.2024 is ordered to be taken on the record. 6. Learned counsels for the parties have placed reliance upon the judgments passed by the Apex Court in the case of Gian Singh Vs. State of Punjab reported in 2012 (10) SCC 303 and The State of Madhya Pradesh vs. Laxmi Narayan reported in 2019 (5) SCC 688. Counsels submit that they are in agreement that the dispute between the parties has been amicably settled, therefore, the complainant does not want to pursue the matter. 7. In view of the aforesaid compromise arrived at between the parties and the verification report dated 18.12.2024 submitted by SHO, Police Station Lakhanpur, District Bharatpur and also applying the principles laid down by the Apex Court in the case of Gian Singh (supra) and Laxmi Narayan (supra), this Court deems it just and proper to (3 of 3) [CRLMP-8310/2024] invoke inherent powers of this Court contained under Section 528 BNSS. 8. Accordingly, the instant criminal misc. petition stands allowed. Proceedings arising out of the FIR No.258/2024 registered with Police Station Lakhanpur, District Bharatpur for the offences under Section 115(2), 126(2), 76 and 3(5) of BNS stand quashed and set aside. 9. The stay application and all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J KuD/136