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2025 DAILYLAW 39270 (RAJ)

KAMLENDRA SINGH KURKI S/O SHRI MAHENDRA SINGH KURKI v. STATE OF RAJASTHAN

CRLMP/7561/2025 · 2025-12-09

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7561/2025 Kamlendra Singh Kurki S/o Shri Mahendra Singh Kurki, Aged About 57 Years, R/o 897 Gotam Marg Ranisati Nagar, Jaipur, Rajasthan. ----Petitioner Versus 1. State of Rajasthan, Through P.P. 2. Sharwan Lal S/o Manjuram, R/o 971, Jhalana Near Calgary Hospital, Malviya Nagar, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Varun Sharma For Respondent(s) : Mr. Vivek Choudhary-PP JUSTICE ANOOP KUMAR DHAND Order 09/12/2025 1. The instant criminal misc. petition has been preferred for quashing the entire criminal proceedings arising out of the impugned FIR No.157/2010, registered with Police Station Shyam Nagar, District Jaipur City (South) for the offences under Sections 420, 467, 468, 471, 472 and 476 of IPC, on the basis of the compromise arrived at between the parties. 2. Learned counsel for the petitioner submits that after completion of investigation, charge-sheet has been submitted against the petitioner for the aforesaid offences but during the course of trial, a compromise has taken place between the parties and the complainant has submitted an application seeking compounding the offences in favour of the petitioner but the said application has been partly allowed vide order dated 26.09.2013 (2 of 3) [CRLMP-7561/2025] and the permission has been granted to the extent of Section 420 IPC as the said offence is compoundable but permission has been declined for the rest of the offences as these offences are not compoundable. Counsel submits that the dispute pertains to personal in nature, therefore in the interest of both the parties, the pending proceedings be quashed on the basis of the compromise between them. 3. Learned counsel for the petitioner has placed reliance upon the judgments passed by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab reported in 2012 (10) SCC 303 and in the case of The State of Madhya Pradesh vs. Laxmi Narayan reported in 2019 (5) SCC 688. 4. Learned Public Prosecutor opposes the arguments raised by counsel for the petitioner. 5. In view of the aforesaid compromise and the situations narrated herein above and looking to the fact that a compromise has been arrived at between the parties as well as the order dated 26.09.2013 passed by the Trial Court and also applying the principles as laid down by the Hon’ble Apex Court in the case of Gian Singh (supra) and Laxmi Narayan (supra), this Court deems it just and proper to invoke the inherent powers of this Court contained under Section 528 BNSS. 6. Accordingly, the instant criminal misc. petition stands allowed. The entire criminal proceedings arising out of impugned FIR No.157/2010 registered with Police Station, Shyam Nagar, District Jaipur City (South) stand quashed. The petitioners are discharged from the charge under Sections 467, 468, 471, 472 and 476 of IPC. (3 of 3) [CRLMP-7561/2025] 7. The stay application and all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J Ashu/88