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2025 DAILYLAW 39144 (RAJ)

DEENDAYAL NAGAR S/O SHRI PRABHU DAYAL v. STATE OF RAJASTHAN

CRLMP/4058/2024 · 2025-07-14

Sameer Jain

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Judgment text

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[2025:RJ-JP:26176] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4058/2024 1. Deendayal Nagar S/o Shri Prabhu Dayal, Aged About 68 Years, Resident Of Jithana, Police Station Khanpur, District Bhilwara, Presently Residing At Vasundhara, Tonk Road, Police Station Bajaj Nagar, Jaipur (Raj). 2. Laxmi Ojha @ Laxminarayan Ojha S/o Shri Suraj Narayan, Aged About 79 Years, R/o B-803, Divya Apartment, Plot No.21, Sector 10, Police Station Dwarka , New Delhi- 419, D.d.a Flats, Pockets-2, Sector-9, R.t. (Behind Rajpal School And Era School). 3. Himanshu Tiwari S/o Shri Ghanshyam Tiwari, Aged About 33 Years, R/o A-17, Amba Bari, Rathore Marg, Naya Kheda, Jaipur (Raj). Presently Residing At - 1410, Broadway Suite No. 3205, Newyork-10018, Usa. 4. Kishan @ Kishanlal Ojha S/o Shri Suraj Narayan, Aged About 74 Years, R/o B-803, Divya Apartment, Plot No. 21, Sector 10, Police Station Dwarka , New Delhi - 419, D.d.a Flats, Pocket-2, Sector-9,r.t.( Behind Rajpal School And Era School). 5. Ghanshyam Tiwari S/o Late Sh. Ramji Lal Tiwari, R/o Plot No. 17, Naya Khera, Ambabari, P.s. Vidhyadhar Nagar, Jaipur Presently Residing At 1410, Broadway Suite No. 3205, Newyork, Usa. ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Mahesh Gupta S/o Late Shri Banwari Lal Gupta, Aged About 54 Years, R/o Plot No. 81, Indrapuri Colony, Brahampuri, Jaipur. ----Respondents For Petitioner(s) : Mr. Shubham Sharma, Adv. For Respondent(s) : Mr. M.S. Shekhawat, PP Mr. Shantanu Pareek, Adv.with Mr. Faizal Khan, Adv. [2025:RJ-JP:26176] (2 of 3) [CRLMP-4058/2024] HON'BLE MR. JUSTICE SAMEER JAIN Order 14/07/2025 1. This petition under Section 482 of Cr.P.C. is filed, with a prayer to quash the Criminal Case No.43651/2022 titled as State Vs. Himanshu & Ors. arising out of FIR No.118/2011, dated 07.06.2011, registered at Police Station Nahargarh, Jaipur City (North) for offences under Sections 420, 467, 468, 471, 120B of IPC pending before the Court of ACMM No.5, Jaipur Metropolitan- II, Jaipur, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute. 2. Learned counsel for both the parties, in presence of their respective clients, have submitted that the dispute at hand is inter-se private in nature, which has been resolved by the parties amicably. 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 [2025:RJ-JP:26176] (3 of 3) [CRLMP-4058/2024] 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 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 Criminal Case No.43651/2022 titled as State Vs. Himanshu & Ors. arising out of FIR No.118/2011, dated 07.06.2011, registered at Police Station Nahargarh, Jaipur City (North) for offences under Sections 420, 467, 468, 471, 120B of IPC pending before the Court of ACMM No.5, Jaipur Metropolitan-II, Jaipur, are hereby quashed and set aside. 7. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of. (SAMEER JAIN),J CHANDAN /355