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2025 DAILYLAW 41104 (RAJ)

PULKIT JENAV S/O SHRI KAMLESH JENAV v. THE STATE OF RAJASTHAN

CRLMP/6361/2025 · 2025-10-17

Mahendar Kumar Goyal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:42798] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6361/2025 1. Pulkit Jenav S/o Shri Kamlesh Jenav, Aged About 27 Years, R/o Rupali Ka Bada, Kali Paltan, Tonk (Raj). 2. Hiten Jonwal S/o Shri Babulal, Aged About 20 Years, R/o Daulatpura, Dhana Talai, Tonk (Raj). ----Accused/Petitioners Versus 1. The State Of Rajasthan, Through P.P. ----Non-Petitioner 2. Shri Prafulla Gupta S/o Shri Prem Gopal Gupta, Aged About 41 Years, R/o Flat No. 403. Silver Crown, Block-2, Lalarpura Road, Near Jaipur Bagh, Gandh Path West, Vaishali Nagar, Jaipur. ----Complainant/Non-Petitioner For Petitioner(s) : Mr. Vijendra Yadav For Respondent(s) : Mr. Manvendra Singh Shekhaewat, PP Mr. Bharat Yadav, HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 17/10/2025 This criminal miscellaneous petition under Section 528 BNSS, 2023 has been filed by the accused-petitioners for quashing the FIR No.0138/2025 dated 01.05.2025 lodged by the respondent no.2/complainant (for brevity, ‘complainant’) registered at Police Station Gandhi Nagar, Jaipur City (East), District Jaipur City (East) for the offence under Sections 115(2), 126(2), 140(3), 308(2) and 3(5) of Bhartiya Nyaya Sanhita (BNS), 2023. Learned counsel for the petitioners, inviting attention of this Court towards the order dated 06.09.2025 passed by the learned [2025:RJ-JP:42798] (2 of 2) [CRLMP-6361/2025] Additional Chief Judicial Magistrate, Jaipur Metropolitan-II (for brevity, ‘learned trial Court’), would submit that a compromise was submitted by the complainant based whereupon, the petitioners have been extended benefit of bail. He, therefore, prays that the criminal miscellaneous petition be allowed and the subject FIR be quashed and set aside. The respondent no.2/complainant- Shri Prafulla Gupta, 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 subject FIR is quashed. Learned Public Prosecutor opposes the prayer. Heard. Considered. Taking into consideration the contentions advanced by learned counsels for the respective parties, the nature of dispute being trivial and the law laid down by the 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. Accordingly, this criminal miscellaneous petition is allowed. The FIR No.0138/2025 dated 01.05.2025 registered at Police Station Gandhi Nagar, Jaipur City (East), District Jaipur City (East) is quashed and set aside. (MAHENDAR KUMAR GOYAL),J PRAGATI/3