DEEPAK KHICHI S/O MUKESH KUMAR KICHI v. STATE OF RAJASTHAN
CRLMP/313/2025 · 2025-01-24
Ganesh Ram Meena
Transfer Petitionbody2025
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[ 2025 DAILYLAW 3774 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 3774 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:3654] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 313/2025
1. Deepak Khichi S/o Mukesh Kumar Kichi, Aged About 21 Years, R/o Village Mohabbatpura, Ps Renwal, District Jaipur At Present Khateek Hostel, Jhalana Jaipur (Rajasthan)
2. Vijay Nawariya S/o Bachchu Singh, Aged About 22 Years, R/o Khateek Hostel, Jhalana Jaipur (Rajasthan) ----Petitioners Versus
1. State of Rajasthan, through PP
2. Gaurav Yadav S/o Indrajeet Yadav, Aged About 19 Years, R/o Village Milakhpur Ps Behror District Jaipur At Present Room No. 308, Shri Krishna Hostel, Jhalana Road, Jaipur (Rajasthan) ----Respondents For Petitioner(s) : Mr. Pallav Choudhary For Respondent(s) : Mr. Rishiraj Singh Rathore, PP HON'BLE MR. JUSTICE GANESH RAM MEENA
Order 24/01/2025
1. This criminal misc. petition has been filed by the petitioners u/S 528 BNSS with a prayer to quash and set aside the FIR No. 491/2023, registered at Police Station Gandhi Nagar, Jaipur City (East) for offences u/S 143, 341, 323, 336 & 427 IPC and the consequential proceedings.
2.
Learned counsel for the petitioners submits that the petitioners as well as the complainant are the students and at a spur of moment the alleged incident had taken place, whereas there was no previous enmity between both the parties. He
[2025:RJ-JP:3654] (2 of 2) [CRLMP-313/2025] further submits that the parties have entered into compromise and the complainant also does not want to proceed further in the matter.
3. The complainant alongwith his counsel is present in the Court and does not dispute the fact of compromise between the parties. He also submits that he has no objections if the proceedings of the FIR are quashed.
4. Considered the submissions made at bar and also perused the other material made available on record including the compromise deed.
5. Having regard to the submissions made by counsel for the petitioners and more particularly the fact that both the accused petitioners as well as the complainant are students and they have entered into a compromise and the complainant does not want to prosecute the accused petitioners, this Court feels that this is a fit case to exercise the inherent jurisdiction to quash the proceedings.
6. Accordingly this criminal misc. petition is allowed. The proceedings of FIR No. 491/2023, registered at Police Station Gandhi Nagar, Jaipur City (East) for offences u/S 143, 341, 323, 336 & 427 IPC is quashed and set aside.
7. Stay application stands disposed of.
(GANESH RAM MEENA),J GAURAV SRIVASTAVA /141