[2025:RJ-JP:41663] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.1207/2018 Gopal Maheshwari S/o Shri Nand Lal Maheshwari, aged about 45 years, R/o Maheshwari Sweets, Indra Market, Kotwali Bundi, District Bundi Raj. ----Petitioner Versus 1. State of Rajasthan through P.P. 2. Ram Kishan S/o Shri Naina Meghwal, R/o Baland Pada, Kotwali Bundi, District Bundi Raj. ----Respondents For Petitioner(s) : Mr. Vishwajeet Mantri For Respondent(s) : Mr. Vivek Sharma, PP Mr. Mahesh Chand Meena HON'BLE MR. JUSTICE ANAND SHARMA Order 13/10/2025 1. Petitioner has filed the instant Criminal Miscellaneous Petition for challenging the FIR No.497/2017 registered with Police Station-Sadar Bundi, District-Bundi for offence under Section 279, 341, 323, 504 IPC read with Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act of 1989'). 2. Learned counsel for the petitioner submits that bare perusal of FIR would reveal that on account of sudden altercation at road between two strangers, FIR was lodged by the complainant against the petitioner and there is no statement whatsoever in the FIR to suggest that the petitioner at any occasion to have knowledge of caste of the complainant. Thus, the [2025:RJ-JP:41663] (2 of 3) [CRLMP-1207/2018] implication of the petitioner under the provisions of Section 3 of the Act of 1989 are totally malicious, whereas no such incident has ever taken place. 3. Learned counsel for the petitioner further submits that during the pendency of this Criminal Miscellaneous Petition, the complainant and accused/petitioner have entered into compromise, which has been verified by the Investigating Officer also and as per compromise, the complainant does not intend to prosecute the petitioner further in respect of impugned FIR. 4. Learned counsel for the complainant is present before the Court and he also does not dispute that the accused/petitioner and complainant have entered into compromise and the complainant has expressed his intention not to pursue the FIR. 5. Learned Public Prosecutor has placed factual report dated 09.10.2025 prepared by Deputy Superintendent of Police, Circle Bundi, District-Bundi, which reveals that the complainant and accused/petitioner have entered into compromise and the complainant has also filed one affidavit before the Investigating Officer to this effect and on the basis of such compromise, the complainant does not want to prosecute the petitioner. 6. I have heard learned counsel for the parties and perused the record. 7. Looking to the contents of the FIR as well as the factual report dated 09.10.2025 submitted by the learned Public Prosecutor and in the light of judgment of Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303, where guidelines have been given to quash the FIR/complaint in the eventuality of compromise entered [2025:RJ-JP:41663] (3 of 3) [CRLMP-1207/2018] into between the complainant and the accused, this Court deems it just and proper to allow the instant Criminal Miscellaneous Petition and to quash and set aside FIR No.497/2017 registered with Police Station-Sadar Bundi, District-Bundi along with all of the proceedings. 8. Accordingly, the present Criminal Miscellaneous Petition is disposed of. 9. Pending application(s), if any, also disposed of. (ANAND SHARMA),J DAKSH/16