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2025 DAILYLAW 40264 (RAJ)

RAJIV SHARMA S/O SHRI RAMPAL SINGH v. THE STATE OF RAJASTHAN

CRLMP/4455/2025 · 2025-08-01

Sameer Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:29546] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4455/2025 Rajiv Sharma S/o Shri Rampal Singh, Aged About 48 Years, Resident Of A-01, 95B, Ug Gali No. 5, Rajapuri, New Delhi-59. ----Petitioner Versus 1. The State Of Rajasthan, Through P.P. 2. Ramesh S/o Bhagwat Prashad, Resident Of A-238, Jawahar Nagar, Mathuragate, Bharatpur (Raj). ----Respondents For Petitioner(s) : Mr. Nitesh Rawat, Adv. For Respondent(s) : Mr. M.S. Shekhawat, PP Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 01/08/2025 1. Petitioner and complainant are present in person. 2. This petition under Section 528 of BNSS is filed, with a prayer to quash the FIR No.891/2023 registered at Police Station Mathuragate, Bharatpur for offences under Sections 420, 406, 120-B of IPC, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute. 3. 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. 4. Complainant who is present in person has categorically submitted that he and the present petitioner have entered into a compromise. With respect to the present petitioner, it is submitted that his name was wrongly written in the FIR and he wants to withdraw the proceedings against the present petitioner. [2025:RJ-JP:29546] (2 of 2) [CRLMP-4455/2025] 5. Heard and considered. 6. 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.” 7. 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. 8. Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No.891/2023 registered at Police Station Mathura gate, Bharatpur for offences under Sections 420, 406, 120-B of IPC with all consequential proceedings, are hereby quashed and set aside qua the petitioner. 9. Pending application(s), if any, stand disposed of. (SAMEER JAIN),J CHANDAN /205