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2025 DAILYLAW 4030 (RAJ)

AMAN CHOPRA S/O PRABHU DAYAL v. STATE OF RAJASTHAN

CRLMP/406/2025 · 2025-04-22

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:16959] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 406/2025 1. Aman Chopra S/o Prabhu Dayal, R/o Chopra Bhawan Gujarwas Ajay Nagar Ajmer (Rajasthan). 2. Surendra S/o Hiralal, R/o 1898 Gurjarwas Bhagwan Ganj Ajmer ( Rajasthan). 3. Arun Gurjar S/o Mangal Singh, R/o 1947 Gurjarwas Ajay Nagar Ajmer ( Rajasthan). 4. Anoop Chopra S/o Prabhu Dayal Chopra, R/o Gurjarwas Ajay Nagar Ajmer ( Rajasthan). 5. Shaitan Singh S/o Pappu Gurjar, R/o Gurjar Basti Pahar Ganj Ajmer ( Rajasthan). 6. Chetan Nidaniya S/o Ramdas, Harijan Basti Bhagwan Ganj Ajmer ( Rajasthan). 7. Laxminarayan S/o Kailash Chand, R/o Balaji Ke Mandir Ke Samne Ajaynagar Ajmer ( Rajasthan). ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Paras S/o Chenaram, R/o Lohar Basti Ajaynagar Ramganj Ajmer ( Rajasthan). 3. Vimla Sankhla W/o Ramesh Lal, R/o Ward No. 12 Lohar Basti Near Police Choki Ajmer ( Rajasthan). 4. Omprakash S/o Chena, R/o Lohar Basti Usari Gate Ajmer ( Rajasthan). 5. Bharat S/o Paras, R/o Usari Gate Lohar Basti Ajmer ( Rajasthan). ----Respondents For Petitioner(s) : Mr. Dushyant Singh Naruka For Respondent(s) : Mr. Manvendra Singh, PP, Mr. Vijay Singh for complainant HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 22/04/2025 1. The present S.B. criminal misc. petition is filed under Section 528 BNSS for quashing the FIR No.400/2024 dated 14.12.2024 [2025:RJ-JP:16959] (2 of 3) [CRLMP-406/2025] registered at Police Station Ramganj (Ajmer), District Ajmer for offences under Sections 189(2), 126(2), 115(2), 333, 352 and 351(2) of BNS. 2. It is contended by learned counsel for the petitioner that petitioner and complainant/injured persons namely: Paras, Vimla, Omprakash and Bharat have entered into compromise and executed a written compromise deed (Annexure-2) dated 17.12.2024. The offences under Sections 115(2), 126(2), 333, 352 and 351(2) of BNS are compoundable. The offences alleged against the petitioners are not affecting the society at large, rather a interse dispute between the petitioners and the complainant, therefore, in the light of 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.” The FIR alleged against the petitioners may be quashed. 3. Mr. Vijay Singh, learned counsel appearing on behalf of the injured/complainant Paras, Vimla, Omprakash and Bharat concedes that the compromise have been entered between the parties and if the present FIR is quashed then the complainant and the injured have no objection. 4. Heard and perused the material available on record. [2025:RJ-JP:16959] (3 of 3) [CRLMP-406/2025] 5. In view of the position of law laid down by the Hon’ble Apex Court in Gian Singh (supra), and considering the nature of dispute and the fact that the parties have amicably settled their dispute, this Court deems it just and proper to allow the present misc. petition. 6. The Annexure-2 is the compromise deed entered between the parties, bearing the signatures of complainant and all above named injured. The offences alleged in the FIR except Section 189(2) of BNS are compoundable and not grave, therefore, considering the above fact executed a written compromise in favour of the petitioners. The proceedings initiated against the petitioners be registering the FIR No. 400/2024 at Police Station Ramganj (Ajmer), District Ajmer and all subsequent proceedings arising out of the aforesaid FIR are hereby quashed and set aside. 7. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of. (PRAVEER BHATNAGAR),J Keshav/253