SHARWAN BENJAMIN S/O SH. JEMS BENJAMIN v. THE STATE OF RAJASTHAN
CRLMP/3566/2025 · 2025-07-09
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39178 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39178 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:25361] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3566/2025
1. Sharwan Benjamin S/o Sh. Jems Benjamin, R/o Plot No. 345, Kudi Bhagtasni , Housing Board, Jodhpur (Raj).
2. Ambar Benjamin S/o Sh. Jems Benjamin, R/o Plot No. S- 58,shanti Nagar, Khatipura Road, Jaipur (Raj).
3. Ashish Benjamin S/o Sh. Jems Benjamin, R/o 30 Ganesh Nagar, Niwaru Road, Jhotwara, Jaipur (Raj).
4. Smt. Alka Benjamin W/o Sh. Narendra Khorania, R/o Ashiyana A- 19, Shilp Colony, Sahkar Nagar, Jhotwara, Jaipur (Raj).
5. Subhesh Shukla S/o Sh. Satya Dev Shukla, R/o 2, Chitranjan Marg, C-Scheme, Jaipur (Raj).
6. Manoj Madhukar S/o Sh. Brijendra Kumar, R/o D-171, Madhuvan Bhrigu Marg, Banipark, Jaipur (Raj). ----Petitioners Versus
1. The State Of Rajasthan, through P.P.
2. Damodar Maheshwari S/o Sh. Lal Chand Maheshwari, R/o D-184, Bhrigu Marg, Banipark, Jaipur (Raj). ----Respondents For Petitioner(s) : Mr. Manvendra Singh Choudhary, Adv. For Respondent(s) : Mr. M.S. Shekhawat, PP Mr. Rishi Raj Singh Rathore, PP Mr. Himanshu, Adv.
HON'BLE MR. JUSTICE SAMEER JAIN
Order 09/07/2025
1. This petition under Section 528 of BNSS is filed, with a prayer to quash the Criminal Case No.975/2018, pending before Court of Additional Civil Judge & Judicial Magistrate, No.5, Jaipur Metropolitan-II arising out of FIR No.62/2010 registered at Police Station Sindhi Camp, District Jaipur City (south) for offences
[2025:RJ-JP:25361] (2 of 3) [CRLMP-3566/2025] under Sections 420, 467, 468, 471, 120B and 447 of IPC, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute.
2.
Learned counsel for the parties have submitted that a compromise has been entered into between the parties and the same has been recognized on 19.03.2025 before the Additional Civil Judge and Judicial Magistrate No.5, Jaipur Metropolitan-II. Counsels submits that the parties want to put the quietus in the matter.
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 of dispute, which has been amicably settled between parties, this
[2025:RJ-JP:25361] (3 of 3) [CRLMP-3566/2025] 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 criminal proceedings in Criminal Case No.975/2018, pending before Court of Additional Civil Judge & Judicial Magistrate, No.5, Jaipur Metropolitan-II for offences under Sections 420, 467, 468, 471, 120B and 447 of IPC, arising out of FIR No.62/2010 registered at Police Station Sindhi Camp, District Jaipur City (south), 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 /89