BHARATRAJ DHAKAD S/O SHRI GOKUMAL DHAKAD v. STATE OF RAJASTHAN
CRLMP/7539/2025 · 2025-11-25
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37738 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37738 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7539/2025 Bharatraj Dhakad S/o Shri Gokumal Dhakad, Aged About 27 Years, R/o Hagwanpur, Post Bhasu, Tehsil Todaraisingh, Tonk, Rajasthan (304 505) ----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor. 2. Sunil Sharma S/o Shri Damodar Lal Sharma, R/o 8, Janakpuri-Ii, Opposite Sanganer Airport, Sanganer, Jaipur, Rajasthan ( 302 029). ----Respondents For Petitioner(s) : Mr. Mohit Balwada For Respondent(s) : Mr. Vivek Choudahry, PP Mr. Devi Singh, PP JUSTICE ANOOP KUMAR DHAND Order 25/11/2025
1. The instant misc. petition has been filed under Section 528 BNSS for quashing the proceedings arising out of the FIR No.183/2023 registered with Police Station Jaipur Airport, Jaipur City (East) under Sections 420, 406, 467, 468, 471 and 120-B IPC. 2. Counsel for the petitioner submits that during the course of trial, the parties have settled their dispute and the complainant has submitted an application seeking compounding of offence against the petitioner, but the Trial Court has granted permission to the extent of offence under Sections 420 and 406 IPC on the basis that these offences are compoundable, but permission has been declined for rest of
(2 of 2) [CRLMP-7539/2025] the offences under Sections 467, 468 and 471 IPC on the ground that these offences are not compoundable. Counsel submits that the dispute between the parties is personal in nature, hence the proceedings arising out of the impugned FIR be quashed. 3. Counsel has 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. 4. Considering the arguments put forward by learned counsel for the petitioner and looking to the fact that the dispute between the parties is personal in nature and that the complainant does not want to prosecute the petitioner 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 invoke inherent powers of this Court contained under Section 528 BNSS. 5. Accordingly, the instant criminal misc. petition stands allowed.
The petitioner is discharged from the charges under Sections 467, 468 and 471 IPC and the proceedings arising out of the FIR No.183/2023 registered with the Police Station Jaipur Airport, Jaipur City (East), qua the petitioner, stand quashed. 6. The stay application and all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J KuD/117