SACHIN BOBASYA SON OF SHRI CHHOTU RAM BOBASYA v. THE STATE OF RAJASTHAN
CRLMP/2366/2025 · 2025-04-25
Sameer Jain
body2025
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[ 2025 DAILYLAW 41077 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 41077 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:17654] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2366/2025
1. Sachin Bobasya Son Of Shri Chhotu Ram Bobasya, Resident Of Village Ghatwada, Tehsil Amer, District Jaipur (Rajasthan).
2. Lokesh Choudhary Son Of Shri Shankar Lal Choudhary, Resident Of Village Ghatwada, Tehsil Amer, District Jaipur (Rajasthan).
3. Dinesh Yadav Son Of Shri Babu Lal Yadav, Resident Of Village Ghatwada, Tehsil Amer, District Jaipur (Rajasthan).
4. Vikash Meena Son Of Shri Hanuman Sahay Meena, Resident Of Village Ghatwada, Tehsil Amer, District Jaipur (Rajasthan).
5. Sunil Choudhary Son Of Shri Surgyan Choudhary, Resident Of Village Ghatwada, Tehsil Amer, District Jaipur (Rajasthan).
6. Vikram Jat Son Of Shri Hari Narayan Jat, Resident Of Village Ghatwada, Tehsil Amer, District Jaipur (Rajasthan).
7. Saurabh Kapuriya Son Of Shri Hari Narayan Kapuriya, Resident Of Village Ghatwada, Tehsil Amer, District Jaipur (Rajasthan).
8. Ganesh Bobasyason Of Shri Ramkaran Bobasya, Resident Of Village Ghatwada, Tehsil Amer, District Jaipur (Rajasthan).
9. Annu Yadav @ Umesh Son Of Shri Ramchandra Yadav, Resident Of Village Ghatwada, Tehsil Amer, District Jaipur (Rajasthan). ----Petitioners Versus
1. The State Of Rajasthan, Through P.p.
2. Yashpal Meena Son Of Shri Goverdhan Lal Meena, Aged About 24 Years, Resident Of Village Ghatwada, Police Station Chandwaji, District Jaipur Rural ( Rajasthan). ----Respondents
[2025:RJ-JP:17654] (2 of 3) [CRLMP-2366/2025] For Petitioner(s) : Mr. Rajesh Sharma For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Rishi Raj Singh Rathore, PP Mr. Jitendra Choudhary HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 25/04/2025
1. This petition under Section 528 of BNSS is filed, with a prayer to quash the FIR No.090/2025 registered at Police Station Chandwaji, District Jaipur Rural for offences under Sections 189(2), 115(2), 126(2), 303(2) of BNS, 2023 & Section 3(2)(va), 3(1)(r) & 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989 (Amended 2015) on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute.
2.
Learned counsel for both the parties have submitted that the dispute at hand is inter-se private in nature, which has been resolved by the parties amicably.
3. Heard and considered.
4. At the outset, this Court deems it appropriate to place reliance upon the judgment passed by the Hon’ble Apex Court in Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] and Ramgopal Vs. The State of Madhya Pradesh reported in [2022 (14) SCC 531], relevant portion of which is reproduced below:
“12. The High Court, therefore, having regard to the nature of the offence and the fact that parties have amicably settled their dispute and the victim has willingly consented to the nullification of criminal proceedings, can quash such proceedings in exercise of its inherent powers
[2025:RJ-JP:17654] (3 of 3) [CRLMP-2366/2025] under Section 482 Cr.P.C., even if the offences are non- compoundable.”
5. In view of the position of law laid down by the Hon’ble Apex Court in aforementioned case, and considering the personal nature of dispute, which has been amicably settled between parties, this Court deems it just and proper to allow the present misc. petition. Compromise is taken on record.
6. Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No.090/2025 registered at Police Station Chandwaji, District Jaipur Rural for offences under Sections 189(2), 115(2), 126(2), 303(2) of BNS, 2023 & Section 3(2)(va), 3(1)(r) & 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989 (Amended 2015) with all consequential proceedings, are hereby quashed and set aside.
7. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of.
(SAMEER JAIN),J JKP/15