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2025 DAILYLAW 40591 (RAJ)

SANGRAM SINGH S/O SH. DHAN SINGH v. STATE OF RAJASTHAN

CRLMP/240/2025 · 2025-01-15

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:2002] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Petition No. 240/2025 Sangram Singh S/o Sh. Dhan Singh, Aged About 39 Years, R/o Nanusar Bindayka, Sirsi Road, Police Station Bindayka, Jaipur West. ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Rajendra Kumar Sharma S/o Sh. Nawal Kishore Sharma, R/o 1730/24, IInd Floor, RPSC Layout, Banglore, At Present Posted Pehal Tehsil Mundawar, District Khairthal. ----Respondents For Petitioner : Mr. Anil Kumar Yadav, Adv. For Respondents : Mr. Rishi Raj Singh, PP Mr. Anil Kumar, Adv. (for the complainant) Mr. Rajendra Kumar (complainant in person) HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 15/01/2025 1. By way of this criminal misc. petition under Section 528 of B.N.S.S., 2023 the petitioner has approached this Court with a prayer for quashing of the criminal proceedings pending before the Civil Judge and Judicial Magistrate, Sambhar Lake, District Jaipur (hereinafter referred to as the 'trial Court') in Criminal Case No.359/2024 arising out of the FIR No.31/2024 registered at Police Station Phulera, Jaipur (Rural) on the basis of compromise arrived at between the parties. [2025:RJ-JP:2002] (2 of 3) [CRLMP-240/2025] 2. As per the brief facts of the case, charge-sheet against the petitioner was filed for the offences punishable under Sections 406, 420, 467, 468, 471 read with Section 120-B of IPC before learned trial Court. During trial, both the parties have entered into compromise and amicably settled their dispute and submitted an application under Section 320 of Cr.P.C. along with a compromise deed before the learned trial Court. Learned trial Court vide order dated 23.12.2024, has partly allowed the application and attested the compromise for the offences punishable under Sections 406 and 420 of IPC only as the same are compoundable and the petitioner was acquitted from the offences punishable under Sections 406 and 420 of IPC, however learned trial Court has not passed any order in respect of the offences under Sections 467, 468 and 471 read with Section 120-B of IPC, as the same are non-compoundable. 3. Learned counsel for the petitioner submits that both the parties have entered into compromise and have settled their dispute amicably, therefore, prays that the present petition be allowed and the criminal proceedings in Criminal Case No.359/2024 pending before learned trial Court for the offences punishable under Sections 467, 468 and 471 read with Section 120-B of IPC arising out of the FIR No.31/2024 registered at Police Station Phulera, Jaipur (Rural) be quashed and set aside. 4. Today, the complainant/respondent No.2 is personally present before this Court and has been duly identified by his counsel. The complainant/respondent No.2 admits the factum of [2025:RJ-JP:2002] (3 of 3) [CRLMP-240/2025] compromise and submits that he on his own free will, has resolved the dispute with the petitioner amicably. 5. Learned counsel for the complainant/respondent No.2 submits that the complainant/respondent No.2 has no objection if the criminal proceedings are quashed and set aside. 6. Heard learned counsel for the parties and perused the material available on record. 7. In view of the aforesaid and considering the fact that the parties have resolved their disputes amicably and also considering that the present case is wholly covered by the principle of law laid down by Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [AIR 1992 SC 604], the FIR as well as the criminal proceedings are liable to be quashed. 8. In view of the above, this criminal misc. petition is allowed and the criminal proceedings pending before learned Civil Judge and Judicial Magistrate, Sambhar Lake, District Jaipur in Criminal Case No.359/2024 arising out of the FIR No.31/2024 registered at Police Station Phulera, Jaipur (Rural) are quashed and set aside on the basis of compromise arrived at between the parties. Consequence to follow. 9. The stay application also stands disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA /20-S.