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[2025:RJ-JP:28531] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3953/2013 Abdul Aziz Ansari son of Shri Hasan Ali, Resident of Plot No.5, Furniture Nagar, Kota. ----Petitioner Versus
1. State Of Rajasthan through Public Prosecutor.
2. Naimuddin son of Shri Shamsuddin, R/o Qazi Manzil, Kumharon Ka Mohalla, Sharipura, Kota. ----Respondents For Petitioner(s) : Mr. Pankaj Gupta, Adv. For Respondent(s) : Mr. Manvendra Singh, PP Mr. Naseemuddin Quazi, Adv. for respondent No.2.
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 29/07/2025
1. The matter comes upon an application (IA No.1/2025) for taking compromise dated 02.05.2025 on record.
2. The present petition has been filed under Sections 482 of Cr.P.C. for quashing the FIR No.267/2012, registered at Police Station Kishorepura, District Kota City for the offences under Sections 409, 420, 468, 472 and 406 of IPC on the basis of compromise arrived at between the parties.
3. It is contended by learned counsel for the petitioner that the complainant Naimuddin has entered into a compromise with the petitioner and do not want to pursue the criminal proceedings. The allegations in the FIR do not constitute the offences under Sections 420, 467, 468, 472, 406 and 409 of IPC. The dispute between the petitioner and the respondent No.2 is regarding a car
[2025:RJ-JP:28531] (2 of 3) [CRLMP-3953/2013] and the same has now been settled. It is also contended that the Police after investigation did not find commission of offence. However, the matter was reopened on the instance of complainant and investigation is carried out by the Police officials. It is further contended that no willful purpose will be served by continuing the proceedings in the instant FIR as the parties have arrived at an amicable settlement. There is no criminal antecedents against the petitioner, therefore, considering the nature of litigation and allegation levelled against the petitioner, the FIR No.267/2012, registered at Police Station Kishorepura, District Kota City may be quashed.
4.
Learned counsel Naseemuddin Quazi appears on behalf of respondent No.2 and admits that the complainant Naimuddin has entered into a compromise and it bears his signature. It is also contended that the parties have amicably settled their dispute and if the FIR is quashed on the basis of compromise than the respondent No.2 has no objection.
5. Learned Public Prosecutor has admitted that the first investigating Officer did not find commission of offence against the petitioner. However, the matter was reopened on the instance of the complainant and the investigation is kept pending.
6. Heard and perused the material available on record.
7. The parties have settled their dispute and scribed a written compromise which has already been taken on record and bears signatures of complainant Naimuddin duly identified by his Counsel Naseemuddin Quazi. The nature of allegations levelled against the petitioner are not grave and does not affect the society at large. The records does not show any criminal
[2025:RJ-JP:28531] (3 of 3) [CRLMP-3953/2013] antecedents against the petitioner. The first Investigating Officer did not find commission of offence against the petitioner and on the instance of the complainant the matter has been reopened and the investigation is kept pending, however, looking to the fact that now respondent No.2 complainant Naimuddin did not wish to continue with the proceeding and taking into account the dictum laid down by the Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab & Anr, 2012 (10) SCC 303, this Court deems it just and proper to quash the proceedings pending against the petitioner in pursuance to the FIR No.267/2012, registered at Police Station Kishorepura, District Kota City are hereby quashed.
8. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of.
(PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-10