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2025 DAILYLAW 36923 (RAJ)

NAWAJ KHAN S/O SH. ABDUL RAJJAK KHAN v. STATE OF RAJASTHAN

CRLMP/3218/2025 · 2025-12-09

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3218/2025 Nawaj Khan S/o Sh. Abdul Rajjak Khan, Aged About 32 Years, R/o 134 A, Mansarovar Colony, Kalwar Road, Jhotwara, Jaipur, Rajasthan 302012 ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Tekchand Swami S/o Late Sh. Sohan Lal Swami, Aged About 37 Years, R/o F-08,kavery Apartment, I 5 Building, Mangalam City, Kalwar Road, Kardhani, Jaipr. ----Respondents For Petitioner(s) : Mr. Farzana Parveen Mr. Budhi Prakash Meena For Respondent(s) : Mr. Vivek Choudhary-PP Mr. Avi Airun Mr. Harshit Sharma JUSTICE ANOOP KUMAR DHAND Order 09/12/2025 1. The present misc. petition has been filed by the petitioner under Section 528 BNSS for quashing the proceedings of impugned FIR No. 587/2024 registered with Police Station Jothwara, District Jaipur (West) for the offences under Sections 115(2), 126(2) and 281 of BNS, on the basis of compromise between the parties. 2. Learned counsel for the petitioner as well as counsel appearing on behalf of the complainant are in agreement that the parties have settled their dispute by entering into a compromise and now the complainant does not want to prosecute the petitioners. 3. This Court vide order dated 11.11.2025 directed the parties to appear before the Investigating Officer for verification of the compromise and the Investigating Officer was further directed to (2 of 2) [CRLMP-3218/2025] submit the verification report along with criminal antecedents of the petitioners. 4. Pursuant to the aforesaid order passed by this Court, the learned Public Prosecutor has furnished the verification report which verifies that the parties have settled their dispute and the complainant does not want to prosecute the petitioner and the petitioner is not having any criminal antecedents. 5. Considering the above factual aspect of the matter and looking to the fact that the dispute pertains to personal in nature and the complainant does not want to prosecute the petitioners and also applying the principles laid down by the Hon’ble Apex Court in the cases of Gian Singh Vs. State of Punjab and Anr. reported in 2012 (10) SCC 303 and The State of Madhya Pradesh vs. Laxmi Narayan and Ors. reported in 2019 (5) SCC 688, this Court deems it just and proper to invoke inherent powers of this Court contained under Section 528 BNSS. 6. Accordingly, the instant criminal misc. petition stands allowed. The proceeding arising out of impugned FIR No. 587/2024 registered with Police Station Jothwara, District Jaipur (West) stands quashed. 7. Stay application as well as all pending applications, if any, stand disposed of. 8. The factual report is ordered to be retained on record. (ANOOP KUMAR DHAND),J Ashu/163