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2025 DAILYLAW 34407 (RAJ)

SMT. SANTOSH CHOUDHARY W/O VIKAS KHERWA v. STATE OF RAJASTHAN

CRLMP/8327/2024 · 2025-01-16

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. 8327/2024 1. Smt. Santosh Choudhary W/o Vikas Kherwa, Aged About 39 Years, R/o Dhani Kherwa, Tan- Jhadli, Police Station - Thoi, District Sikar (Raj). 2. Shr Vikas Kherwa S/o Late Shri Ram Singh Kherwa, Aged About 40 Years, R/o Dhani Kherwa, Tan- Jhadli, Police Station- Thoi, District Sikar (Raj). 3. Shri Mahendra Singh Jakhar S/o Shri Prabhu Ram Jhakhar, Aged About 49 Years, R/o Malum Singh Dhani, Purana Bas, Police Station - Neem Ka Thana, District- Neem Ka Thana (Raj). ----Petitioners Versus 1. State Of Rajasthan, Through P.P. 2. Shri Jawahar Lal S/o Shri Sanna Ram, Aged About 37 Years, R/o Khachariyawas, Police Station- Dantaramgarh, District - Sikar (Raj). ----Respondents For Petitioner(s) : Mr. Yash Thakar For Respondent(s) : Mr. Manvendra Singh, PP Mr. Ranvijay Singh JUSTICE ANOOP KUMAR DHAND Order 16/01/2025 1. By way of filing of this petition, the petitioners are seeking directions to quash the FIR No.447/2009 registered with Police Station Jhotwara, Jaipur (West) for the offences under Sections 420, 465, 467, 468, 471 and 120-B IPC. 2. Counsel for the petitioners submits that during the course of investigation, the parties have settled their dispute by way of compromise and in this regard, an application was (2 of 3) [CRLMP-8327/2024] submitted to the concerned Station House Office, Police Station Jhotwara on 07.10.2010, but without considering the same, charge-sheet has been submitted. Counsel submits that since the matter has been settled between the parties and the complainant does not want to pursue the matter, therefore, in the interest of justice, the proceedings arising out of the impugned FIR be quashed and set aside. 3. Heard and considered the submission made at Bar and perused the material available on the record. 4. Perusal of the record indicates that during the course of investigation, an application was submitted by the parties to the Investigating Officer on 07.10.2010 indicating therein that the parties have settled their dispute and do not want to prosecute each other. Thereafter, the charge-sheet was submitted against the petitioners before the competent Court of law. More than 14 years have passed, no steps have been taken by either of the sides for getting the offence compounded. 5. In the considered opinion of this Court, the parties are required to approach the Court, where the case is pending since 2010 by way of filing appropriate application. 6. In case, any application for compounding the offence is submitted by the parties, it is expected from the Trial Court to decide the same strictly in accordance with law, expeditiously, as early as possible, preferably within a period of four weeks from the date of receipt of certified copy of the order. (3 of 3) [CRLMP-8327/2024] 8. With the aforesaid observations, the instant criminal misc. petition stands disposed of. Pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/166