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2025 DAILYLAW 38812 (RAJ)

ANSAR SON OF SHRI HASIM KHAN v. THE STATE OF RAJASTHAN

CRLMP/4466/2025 · 2025-08-01

Sameer Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:29547] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4466/2025 1. Ansar Son Of Shri Hasim Khan, Resident Of Machali Mohalla, Goverdhan Gate, Police Station Mathura Gate, District Bharatpur (Raj). 2. Mohsin Son Of Yasin @ Bangali, Resident Of Machali Mohalla, Goverdhan Gate, Police Station Mathura Gate, District Bharatpur (Raj). 3. Aarif Son Of Yasin @ Bangali, Resident Of Machali Mohalla, Goverdhan Gate, Police Station Mathura Gate, District Bharatpur (Raj). 4. Firoz Son Of Ehsan, Aged About 25 Years, Resident Of Machali Mohalla, Goverdhan Gate, Police Station Mathura Gate, District Bharatpur (Raj). 5. Muskan Daughter Of Nasimuddin, Aged About 12 Years, Through Her Natural Guardian Father Nasimuddin Son Of Yasin Khan, Aged About 36 Years. Resident Of Machali Mohalla, Goverdhan Gate, Police Station Mathura Gate, District Bharatpur (Raj). ----Petitioners Versus 1. The State Of Rajasthan, Through P.P. 2. Shabir Son Of Haji Sharif, Aged About 58 Years, Resident Of Machali Mohalla, Goverdhan Gate, Police Station Mathura Gate, District Bharatpur (Raj). ----Respondents For Petitioner(s) : Mr. Kapil Nagayach, Adv. For Respondent(s) : Mr. M.S. Shekhawat, PP Mr. Shree Ram Dhakar, PP Mr. Avtar Singh Rathore, Adv. HON'BLE MR. JUSTICE SAMEER JAIN Judgment 01/08/2025 1. This petition under Section 528 of BNSS is filed, with a prayer to quash the FIR No.310/2025 registered at Police Station [2025:RJ-JP:29547] (2 of 3) [CRLMP-4466/2025] Mathura Gate, Bharatpur for offences under Sections 115(2), 126(2), 189(2), 324(4), 324 (5), 333 of IPC, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute. 2. It is submitted by learned counsel for the parties that as per directions spelled out in order dated 23.07.2025, the petitioners and complainant have marked their presence before the concerned SHO. It is submitted that parties are relatives as well as neighbours. It is submitted that cross FIRs were made to be registered by the respective sides and now they have entered into a compromise and want to put quietus to the dispute. 3. Heard and considered. 4. At the outset, 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 which 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.” 5. In view of the position of law laid down by the Hon’ble Apex Court in aforementioned case, and considering the personal nature [2025:RJ-JP:29547] (3 of 3) [CRLMP-4466/2025] 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. 6. Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No.310/2025 registered at Police Station Mathura Gate, Bharatpur for offences under Sections 115(2), 126(2), 189(2), 324(4), 324 (5), 333 of IPC with all consequential proceedings, are hereby quashed and set aside. 7. Pending application(s), if any, stand disposed of. (SAMEER JAIN),J CHANDAN /207