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2025 DAILYLAW 4083 (RAJ)

NAJIM S/O SH. AASHA MOHAMMAD v. STATE OF RAJASTHAN

CRLMP/360/2025 · 2025-01-21

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 360/2025 1. Najim S/o Sh. Aasha Mohammad, Resident of House No. 228, Block -D, Gali No. 02, Nehru Vihar, Mustafabad, Delhi 110094. 2. Shan Miya Choudhary S/o Sh. Ikbal Ahmed, Aged About 34 Years, Resident of J-162, Extension Gali No. 5, Laxmi Nagar, Police Station Shankarpur, Delhi 110092, Presently F-32, West Jawahr Park Police Station Shankarpur, Thana Wali Gali, Laxmi Nagar, Delhi-110092. ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Vishnu Kumar Sharma S/o Shankar Lal Sharma, Resident of H 13, 4 Floor, Sector 18, Saraswati Apartment, Pratapnagar, Jaipur City (East), Rajasthan. ----Respondents For Petitioner(s) : Mr. Sunil Sharma For Respondent(s) : Mr. Vivek Choudhary-PP Mr. Mukesh Sharma JUSTICE ANOOP KUMAR DHAND Order 21/01/2025 1. The present criminal misc. petition has been filed under Section 528 BNSS for quashing of Criminal Case No. 54138/2019 (872/2023) pending before the Court of Additional Chief Judicial Magistrate No 6, Jaipur, Metropolitan-II, Jaipur arising out of FIR No. 158/2019 registered with Police Station Pratapnagar, District Jaipur (East) for the offences under Sections 420, 406 and 120-B of IPC. 2. Learned counsel for the parties have settled their dispute by entering into a compromise and it is borne out from the compromise that the complainant is not inclined to proceed further in this matter. Counsels further submitted that the trial Court has verified the compromise vide its order dated 25.11.2024 to the (2 of 2) [CRLMP-360/2025] extent of Sections 406 and 420 IPC and discharged the petitioners from the above charge, however, the Trial Court has declined to verify the compromise as regards to the offence under Section 120 IPC on the ground that said offences are non-compoundable. Learned counsels submit that the entire proceedings arising out of the above criminal case be quashed in light of the judgments passed by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab and Anr. reported in 2012 (10) SCC 303 and The State of Madhya Pradesh vs. Laxmi Narayan and Ors. reported in 2019 (5) SCC 688. 3. In view of the aforesaid compromise, arrived at between the parties as well as the order dated 25.11.2024, passed by the Trial Court and also applying the principles laid down by the Apex Court in the case of Gian Singh (supra) and Laxmi Narayan (supra), this Court deems it just and appropriate to invoke the inherent powers of this Court under Section 528 B.N.S.S. 4. Accordingly, the instant criminal misc. petition stands allowed. The proceedings pending in Criminal Case No. 54138/2019(872/2023) before the Court of Additional Chief Judicial Magistrate No. 6, Jaipur Metropolitan-II in FIR No. 158/2019 stands quashed and set-aside. The petitioners are discharged from the charge under Section 120-B IPC. 5. Stay application as well as all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J Ashu/32