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2025 DAILYLAW 40981 (RAJ)

VIJAY S/O SH. BHAGWANDAS v. THE STATE OF RAJASTHAN

CRLMP/6715/2025 · 2025-10-17

Mahendar Kumar Goyal

body2025

Judgment text

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[2025:RJ-JP:42807] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6715/2025 1. Vijay S/o Sh. Bhagwandas, R/o Plot No. 62/143, Rajat Path, Mansarovar, Jaipur. 2. Bhagwan Sahai S/o Sh. Bajrang Lal Gupta, R/o House No. 85/578, Pratap Nagar Sector No. 08, Sanganer, Jaipur (Raj). 3. Nanagram Saini S/o Ram Sahai, R/o 3 Sayar Nagar-A, Jotdawala, Sanganer ( Jaipur). ----Accused/Petitioners Versus 1. The State Of Rajasthan, Through P.P. ----Respondent 2. Ravindra S/o Kishan Lal, R/o Plot No. 663, Jaylal Munshi Ka Rasta, Pahla Chauraha, Chandpole Bazar, Jaipur. ----Complainant/Respondent For Petitioner(s) : Mr. Mukesh Dudi For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Anand Godara HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 17/10/2025 This criminal miscellaneous petition has been filed under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 for quashing the proceeding against the petitioner in Criminal Case No.759/2007: State Vs. Vijay and Others pending in the Court of learned Additional Chief Judicial Magistrate No.5, Jaipur Metropolitan-II (for brevity, ‘learned trial Court’). Learned counsel for the petitioners, inviting attention of this Court towards the order of the learned trial Court dated 19.09.2025, would submit that the parties have submitted compromise before it which has been verified qua Sections 420 [2025:RJ-JP:42807] (2 of 2) [CRLMP-6715/2025] and 406 IPC being compoundable; but, declined to do so qua Sections 467, 468 and 120-B of IPC being non-compoundable. He, therefore, prays that in view of compromise, the criminal proceeding pending against the petitioners under Sections 467, 468 and 120-B before the learned trial Court be quashed and set aside. The respondent No. 2-Ravindra, present in person and identified by his learned counsel, acknowledging the factum of compromise between the parties, submits that he has no objection if the criminal miscellaneous petition is allowed. Learned Public Prosecutor opposes the prayer. Heard. Considered. Taking into consideration the contentions advanced at Bar, the nature of dispute being private and civil, order of the learned trial Court dated 19.09.2025 and the judgment of Hon’ble Supreme Court of India in the case of Gian Singh vs. State of Punjab and Others: (2012) 10 SCC 303, this Court deems it just and proper to allow this criminal miscellaneous petition. Resultantly, the criminal miscellaneous petition is allowed and the proceeding in Criminal Case No.759/2007 under Sections 467, 468 and 120-B of IPC pending in the Court of learned Additional Chief Judicial Magistrate No.5, Jaipur Metropolitan-II is quashed and set aside. Pending application(s), if any, also stands disposed of accordingly. (MAHENDAR KUMAR GOYAL),J PRAGATI/49