KUMARI SAKSHI SINGH DAUGHTER OF SHRI BUDHPAL SINGH v. STATE OF RAJASTHAN
CRLMP/1175/2025 · 2025-07-04
Anand Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40383 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40383 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:24614] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1175/2025 Kumari Sakshi Singh Daughter Of Shri Budhpal Singh, Aged About 25 Years, Resident Of D-207, Preet Vihar, Hapood, Uttar Pradesh At Present Resident Of Plot No. C 66-67, Soli Labs, Basant Bahar Colony, Gopalpura Bypass, Jaipur. ----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Nishant Sukhwani Son Of Shri Kishan Chand Sukhwani, Aged About 37 Years, Resident Of C 64, Basant Bahar Colony, Gopalpura Mod, Bajaj Nagar, Jaipur City (East). ----Respondents For Petitioner(s) : Mr. Ashvin Garg For Respondent(s) : Mr. J.S. Rathore, PP Mr. Mohit Balwada HON'BLE MR. JUSTICE ANAND SHARMA
Order 04/07/2025 Laying challenge to FIR No. 0350/2024 registered at Police Station Bajaj Nagar District Jaipur City, East for alleged offences under Sections 384 and 389 IPC, the petitioner has invoked the inherent jurisdiction of this Court under Section 528 BNSS.
Learned counsel for the petitioner would submit that no offence whatsoever alleged in the FIR has been committed by the petitioner. In fact, after lodging of FIR the complainant has entered into compromise dated 15.02.2024, which has also been placed on record as Annexure-3 with the petition.
[2025:RJ-JP:24614] (2 of 4) [CRLMP-1175/2025]
Learned counsel for the petitioner would further submit that bare perusal of the compromise would make it clear that the FIR was lodged under some confusion and both the parties have settled their dispute. The complainant along with his counsel is present before the Court. Complainant has also not disputed the factum of entering into compromise. The complainant has categorically stated that he does not want to prosecute the petitioner and wants to withdraw the FIR earlier lodged against the petitioner on account of confusion.
Learned counsel for the petitioner has relied upon the judgments of this Court in the case of Ranjeet Vs. State of Rajasthan & Ors. (S.B. Criminal Misc. Petition No. 3581/2023) decided on 03.07.2023, Amraram & Ors. Vs. State of Rajasthan & Ors. (S.B. Criminal Misc. Petition No. 2514/2019) decided on 28.01.2020 and Amit Paharia Vs. State of Rajasthan & Ors. (S.B. Criminal Misc. Petition No. 2441/2017) decided on 18.01.2018. While placing the reliance upon the aforesaid judgment, it has been submitted by learned counsel for the petitioner that although the offence under Section 384 IPC is not compoundable as per Section 320 Cr.P.C yet while exercising inherent power in the light of judgments delivered by the Supreme Court in the cases of Darshan Singh & Anr. Vs. State of Punjab & Anr. reported in MANU/PH/1555/2012, Gian Singh Vs. State of Punjab & Anr. reported in 2012 (10) SCC 303 FIR can be quashed in order to save the accused from vexatious and unnecessary trial.
[2025:RJ-JP:24614] (3 of 4) [CRLMP-1175/2025]
Learned counsel for the complainant submits that the complainant has no objection in case, the impugned FIR and proceedings arising therefrom are quashed. Learned Public Prosecutor has opposed the instant petition stating that the offence alleged against the petitioner is not compoundable under the provisions of Cr.P.C. I have considered the submissions made at Bar and also examined the record. Compromise (Annexure-3) placed on record would reveal that the parties have settled their ongoing dispute and the complainant is not willing to pursue prosecution relating to impugned FIR. Learned Public Prosecutor has also informed the Court that pursuant to directions given by this Court on 27.02.2025, the aforesaid compromise has also been placed before the Investigating Officer, who has also investigated the facts relating to the compromise and has affirmed that the compromise has taken place between the parties. Under the aforesaid circumstances where the complainant himself by remaining present in Court has verified the fact that he has entered into a compromise with the petitioner, allowing the criminal proceeding to proceed further pursuant to impugned FIR would be of no avail and would rather be a futile exercise. It would be in the interest of justice to save the petitioner from facing vexatious and frivolous trial; and therefore, this Court deems it proper to quash and set aside FIR No. 350/2024 registered at Police Station Bajaj Nagar, District Jaipur City, East
[2025:RJ-JP:24614] (4 of 4) [CRLMP-1175/2025] against the petitioner on the basis of compromise entered into the parties. Accordingly, the instant criminal misc. petition is allowed.
(ANAND SHARMA),J Neeru/25