KAPTAN SINGH S/O SHRI AMAR SINGH v. STATE OF RAJASTHAN
CRLMP/4170/2025 · 2025-07-22
Sameer Jain
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 37747 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37747 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:27373] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4170/2025 Kaptan Singh S/o Shri Amar Singh, Aged About 44 Years, R/o Village Ghatari, Police Station Bhusawar, District Bharatpur. ----Petitioner Versus
1. State Of Rajasthan, Through The Public Prosecutor.
2. Siyaram Sharma S/o Shri Suraj Mal Sharma, Aged About 50 Years, Village Ghatari, Police Station Bhusawar, District Bharatpur (Raj). ----Respondents For Petitioner(s) : Mr. Nikhlesh Katara For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Rishi Raj Singh Rathore, PP Mr. Vishnu Kumar Sharma for complainant HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 22/07/2025
1. This petition under Section 528 B.N.S.S. is filed, with prayer to quash the FIR No.208/2025 registered at Police Station Bhusawar, District Bharatpur for offences under Sections 318(4), 316(2) and 329(3) of BNS, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute.
2.
Learned counsel for the petitioner has submitted that matter pertains to financial dispute inter-se the parties. It is further submitted that on account of the said dispute, impugned FIR was lodged.
3.
Learned counsel for both the parties have submitted that the instant dispute is in personam in nature and both the parties have settled their disputes amicably.
4. Heard and considered.
[2025:RJ-JP:27373] (2 of 2) [CRLMP-4170/2025]
5. In this regard, this Court deems it appropriate to place reliance upon the judgment passed by the Hon’ble Apex Court in Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] and Ramgopal Vs. The State of Madhya Pradesh reported in [2022 (14) SCC 531], relevant portion of the aforesaid is reproduced below:
“12. The High Court, therefore, having regard to the nature of the offence and the fact that parties have amicably settled their dispute and the victim has willingly consented to the nullification of criminal proceedings, can quash such proceedings in exercise of its inherent powers under Section 482 Cr.P.C., even if the offences are non-compoundable.”
6. In view of legal proposition of law laid down by the Apex Court in aforementioned case, and considering the personal nature of dispute, which has been amicably settled between parties, this Court deems it just and proper to allow the present misc. petition. Compromise is taken on record.
7. Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No. 208/2025 registered at Police Station Bhusawar, District Bharatpur with all consequential proceedings, is hereby quashed and set aside.
8. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of.
(SAMEER JAIN),J DEEPAK/78