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2025 DAILYLAW 37900 (RAJ)

NIJAMUDEEN S/O SHER MOHMMAD v. STATE OF RAJASTHAN

CRLMP/6110/2025 · 2025-10-13

Mahendar Kumar Goyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:41587] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6110/2025 1. Nijamudeen S/o Sher Mohmmad, 2. Arif S/o Isab 3. Sher Mohmmad S/o Chahat, All petitioners are Resident Of Village Chamroda, Kishangarhbass, District Khairthal Tijara (Rajasthan) ---Accused-Petitioners Versus 1. State Of Rajasthan, Through P.P. ….Respondent 2. Amit Kumar S/o Lal Singh Yadav, Resident Of Village Majra Mahniya, Tijara Police Station Tijara District Khairthal-Tijara (Rajasthan) ---Complainant-Respondent For Petitioner(s) : Mr. Prakash Thakuriya For Respondent(s) : Mr. Naresh Gupta, PP Mr. Anil Kumar Jain HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 13/10/2025 This criminal miscellaneous petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for quashing the FIR No.0149/2025 lodged by the respondent no.2/complainant (for brevity, ‘complainant’) at Police Station Kishangarh Bas, District Khairthal-Tijara under Sections 189(2), 115(2), 126(2) and 307 of Bharatiya Nyaya Sanhita (BNS) 2023. Learned counsel for the petitioners, referring to and relying upon the affidavit dated 30.08.2025 (Annexure 2) executed by the complainant, would submit that the private dispute of trivial [2025:RJ-JP:41587] (2 of 2) [CRLMP-6110/2025] nature has amicably been settled between the parties and prays for quashing of the FIR. The respondent no.2/complainant-Shri Amit Kumar, present in person and identified by his learned counsel, acknowledging the contents of the affidavit dated 30.08.2025 (Annexure 2), submits that in view of amicable settlement of dispute between the parties, he has no objection if the subject FIR is quashed. Learned Public Prosecutor has opposed the prayer. He submitted the factual report dated 25.09.2025 furnished by SHO Police Station Kishangarh Bas, District Khairthal Tijara which reflects no criminal antecedents of the petitioner. Heard. Considered. Looking to the nature of dispute being trivial, its amicable settlement between the parties, factual report submitted by learned Public Prosecutor and the judgement of the Hon’ble Supreme Court of India in the case of Gian Singh vs. State of Punjab and Others: (2012) 10 SCC 303, this Court deems it just and proper to allow this criminal miscellaneous petition. Accordingly, this criminal miscellaneous petition is allowed. The FIR No.0149/2025 lodged by the respondent no.2/complainant at Police Station Kishangarh Bas, District Khairthal-Tijara is quashed and set aside. (MAHENDAR KUMAR GOYAL),J DIKSHA /28