Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 39565 (RAJ)

SHASHIKANT S/O MOHANLAL v. STATE OF RAJASTHAN

CRLMP/6559/2025 · 2025-11-14

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:45977] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.6559/2025 Shashikant S/o Mohanlal, Aged About 35 Years, R/o Sherpur, Teh- Behror, Dist- Kotputli- Behror (Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Ashok Yadav S/o Shri Bastiram, R/o Nasarpur, P.s.- Behror Sadar, Dist.- Kotputli- Behror ( Rajasthan). 3. Shrinivas Sharma S/o Shri Banshidhar, R/o Nareda, Teh- Behror, Dist.- Kotputli- Behror ( Rajasthan). ----Respondents For Petitioner(s) : Mr. Atul Sharma For Respondent(s) : Mr. Amit Kumar Gupta, PP Mr. Shubham Arora JUSTICE ANOOP KUMAR DHAND Order 14/11/2025 1. The present criminal misc. petition has been filed under Section 528 BNSS for quashing the proceedings arising out of the FIR No.343/2025 registered at Police Station Behror, District Kotputli-Behror punishable for the offences under Sections 191(2), 191(3), 190, 110, 126(2), 115(2) and 324(4) of BNS, 2023, on the basis of the compromise arrived at between the parties. 2. Learned counsel for the petitioner submit that after registration of aforesaid FIR, the complainants have entered into a compromise with the petitioner and now, they do not want to prosecute the petitioner. Learned counsel submits that the complainants have appeared before the Investigating Officer for [2025:RJ-JP:45977] (2 of 3) [CRLMP-6559/2025] verification of compromise between the parties and the Investigating Officer has verified the factum of compromise between them. Learned counsel submits that under the changed circumstances and in light of the compromise between the parties, the proceedings arising out of the impugned FIR be quashed. In support of his contentions, he has placed reliance upon the judgments passed by the Apex Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303 & State of Madhya Pradesh Vs. Laxmi Narayan & Ors., reported in (2019) 5 SCC 688 and submit that the proceedings arising out of the impugned FIR be quashed. 3. Per contra, learned Public Prosecutor opposes the prayer, but counsel appearing on behalf of the complainant supported the arguments of counsel for the petitioner and does not dispute the factum of compromise between the parties and submits that the complainant has no objection in case, the proceedings arising out of the impugned FIR are quashed against the petitioner. 4. Thus, in the view of the aforesaid compromise arrived at between the parties and applying the principles of law 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 appropriate to invoke inherent powers of this Court under Section 528 BNSS. 5. Accordingly, the instant criminal misc. petition is allowed. Proceedings arising out of impugned FIR No.343/2025 registered at Police Station Behror, District Kotputli-Behror punishable for the offences under Sections 191(2), 191(3), 190, 110, 126(2), 115(2) [2025:RJ-JP:45977] (3 of 3) [CRLMP-6559/2025] and 324(4) of BNS, 2023, against the petitioner stands quashed and set-aside. 6. Stay application and all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J Karan/54