SAROJ BALGOHAR D/O SHREE VINOD BALGOHAR v. STATE OF RAJASTHAN
CRLMP/2770/2020 · 2025-10-03
Ashutosh Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38092 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38092 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:40102] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Petition No. 2770/2020 Saroj Balgohar D/o Shree Vinod Balgohar, R/o A Block Room No. 20, Cantonment Building, Solapur, Bazaar, Near Masjid, Pune, Maharashtra. ----Accused/Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner : Mr. Prateek Khandelwal, Adv. Ms. Saroj Balgohar (petitioner present in person) For Respondent : Mr. Vivek Sharma, Addl.G.A. Mr. Devi Singh, Dy.G.A. Mr. Udit Sapra, Adv. (for the complainant) Mr. Sunil Dasot (complainant present in person) HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 03/10/2025
1. By way of this criminal misc. petition under Section 482 of Cr.P.C., the accused-petitioner has approached this Court with a prayer to quash the criminal proceedings arising out of the FIR No.75/2018 registered at Police Station Cyber Crime, SCRB, Jaipur City for the offences punishable under Sections 419, 420 and 120-B of IPC and Section 66-D of the Information Technology (Amendment) Act, 2008 (hereinafter referred to as the 'Act of 2008').
[2025:RJ-JP:40102] (2 of 3) [CRLMP-2770/2020]
2. Vide order dated 20.09.2025 passed by this Court, both the parties were directed to appear before the Investigating Officer and he was further directed to furnish his report.
3.
Learned counsel for the respondent-State submit the report dated 03.10.2025 forwarded by SHO, Police Station Cyber Crime, Jaipur and the same is taken on record. As per the report, the amount which was defrauded by the petitioner has been returned to the complainant, and moreover, both the parties have reiterated the factum of compromise between them and the complainant does not want to prosecute the matter further.
4.
Learned counsel appearing on behalf of both the parties submit that the parties have amicably settled their dispute and have arrived at compromise and the copy of compromise deed dated 13.08.2025 has been annexed with the petition. Learned counsel submits that the present petition be allowed and the FIR No.75/2018 registered at Police Station Cyber Crime, SCRB, Jaipur City qua the petitioner be quashed and set aside.
5. Heard learned counsel for the parties and perused the material available on record.
6. Both the parties i.e. petitioner and the complainant are personally present before this Court today and have been duly identified by their respective counsels. This Court interacts with the parties and they submit that they have settled their dispute amicably.
7. Admittedly, the offences punishable under Sections 419, 420 and 120-B of IPC are compoundable and the offence punishable under Section 66-D of the Act of 2008 is non-compoundable,
[2025:RJ-JP:40102] (3 of 3) [CRLMP-2770/2020] however, it is evident that the present case is wholly covered by the principle of law laid down by the Hon'ble Apex Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. reported in AIR 1992 SC 604.
8. Considering the facts and circumstances of the case in hand; the fact that the parties have amicably settled their dispute and copy of the compromise deed has been annexed with the petition, thereby, in light of the law laid down by the Hon'ble Apex Court in the cases of Gian Singh (supra) and Choudhary Bhajan Lal (supra), this Court is of the opinion that the impugned FIR is liable to be quashed and set aside.
9. In view of the aforesaid discussions, this criminal miscellaneous petition is allowed and the FIR No.75/2018 registered at Police Station Cyber Crime, SCRB, Jaipur City as well as the criminal proceedings arising out of the same are quashed and set aside on the basis of compromise arrived at between the parties. Consequence to follow.
10. Stay application and any other pending applications also stand disposed of.
(ASHUTOSH KUMAR),J AARZOO ARORA /18