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2025 DAILYLAW 40929 (RAJ)

BABU LAL SAINI S/O SHRI SURAJMAL SAINI v. STATE OF RAJASTHAN

CRLMP/2875/2025 · 2025-05-26

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:22104] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2875/2025 Babu Lal Saini S/o Shri Surajmal Saini, R/o Gopal Nagar Laxmi Farm Ladana, Tehsil Phagi, Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Kalu Ram S/o Lal Ram, R/o Ladana Tehsil Phagi, Jaipur. ----Respondents For Petitioner(s) : Mr. Ashutosh Chauhan For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 26/05/2025 The instant petition has been filed under Section 528 of the BNSS for quashing and setting aside the FIR No. 25/2013 registered with police station Vaishali Nagar, Jaipur City (South) for the offences under Sections 420, 406, 421, 424, 467, 471 and 120-B of IPC and subsequent proceedings arising out of the said FIR pending before the concerned court. It is contended by learned counsel for the petitioner that petitioner and complainant have entered into compromise and the said compromise got verified by the concerned Court. Vide order dated 14.01.2016, the petitioner was acquitted for the offences under Sections 420 and 406 of IPC and the proceedings under Sections 120-B was kept pending against the petitioner. The dispute between the parties is purely of civil nature. Other co- accused in the present case admitted their crime and were [2025:RJ-JP:22104] (2 of 2) [CRLMP-2875/2025] convicted under Sections 420, 406 and 120-B of IPC. Therefore in the light of the compromise entered between the parties, the proceedings against the petitioner under Sections 120-B of IPC, may be quashed. Learned Public Prosecutor opposes the quashing of the FIR. Heard and perused the material available on the record. Vide order dated 14.01.2016, the trial court acquitted the accused petitioner for the offences under Sections 420 and 406 of IPC on the basis of compromise with the complainant. The other co-accused were convicted by the concerned court vide order dated 14.01.2016 as they pleaded guilty. Therefore, considering the fact that compromise has already been verified by the concerned court, I deem it proper to quash the FIR and proceedings arising out of the said FIR pending before the concerned Court qua the petitioner in connection with FIR No. 25/2013 registered with police station Vaishali Nagar, Jaipur City (South) in criminal case No. 912/2015. Accordingly, the instant criminal misc. petition stands disposed of. All pending applications, if any, also stand disposed of. (PRAVEER BHATNAGAR),J ashu /43