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2025 DAILYLAW 41609 (RAJ)

LAVISH JAIN SON OF SHRI KRISHNA KUMAR JAIN v. STATE OF RAJASTHAN

CRLMP/8666/2024 · 2025-02-24

Vinod Kumar Bharwani

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:8176] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8666/2024 1. Lavish Jain Son Of Shri Krishna Kumar Jain, Resident Of Keshavpura, Ward No. 15, Hindaun City, Karauli (Raj). 2. Khushagra Bhardwaj @ Khush Bhardwaj Son Of Shri Dharmendra Bhardwaj, Resident Of H.no. 24, Radhika Vihar-C, Bad Mohanpura, Muhana Road, Mansarovar, Jaipur (Raj). ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Aditya Sihag Son Of Shri Jawahar Lal, Aged About 22 Years, Resident Of Village Durrpura, Lalgarh, District Ganganagar (Raj). At Present House No. 4/10, Sfs, mansarovar, Jaipur (Raj). ----Respondents For Petitioner(s) : Mr. Prameshwar Lal Pilani For Respondent(s) : Mr. Jai Prakash Tiwari, P.P. Mr. Ajit Singh HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 24/02/2025 1. The instant criminal misc. Petition has been filed under Section 482 Cr.P.C./528 B.N.S.S. for quashing of F.I.R. No.826/2024 registered at Police Station Shipra Path, Jaipur South for the offences punishable under Sections 115(2), 126(2), 351(2) & 351(3) of B.N.S. on the basis of compromise arrived at between the parties. 2. Learned Public Prosecutor has submitted the factual report of investigation No.486 dt.27.01.2025, which is taken on record. As per the factual report, parties have amicably settled their dispute [2025:RJ-JP:8176] (2 of 3) [CRLMP-8666/2024] by way of compromise and there remains no controversy between the parties. 3. Learned counsel for the petitioners submits that the dispute in between the parties has been resolved through an amicable settlement and now, there remains no controversy in between them and the parties do not wish to continue the criminal proceedings further. 4. On the other hand, learned counsel appearing for complainant admits the factum of compromise and submits that he has no objection if the F.I.R. & the proceedings are quashed on the basis of compromise entered in between the parties. 5. Learned Public Prosecutor has opposed the submissions made herein-above. 6. Heard. Perused the material available on record, more particularly the Police Report, nature of allegation(s) and the compromise deed executed in between the parties. 7. The parties have resolved their dispute amicably in the spirit of Lok Adalat and do not wish to continue the criminal proceedings and have jointly prayed for quashing of the same. The offence(s) alleged in this matter is non-compoundable, however Hon’ble Supreme Court in the case of Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] has propounded that if it is convinced that offences are entirely personal in nature and do not affect the public peace or tranquility and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, the High Court should not [2025:RJ-JP:8176] (3 of 3) [CRLMP-8666/2024] hesitate to quash the same by exercising the inherent powers vested in it. 8. Here in this case, though the offences are non- compoundable but the parties have settled the dispute amicably and that is essential in between the parties which is not affecting public peace & tranquility, therefore, with a view to maintain harmony and to resolve the dispute finally in between the parties, it is deemed appropriate to quash the F.I.R. and all further proceedings undertaken in pursuance thereof. 9. Accordingly, the criminal miscellaneous petition is allowed and the F.I.R. mentioned above and all further proceedings undertaken in pursuance thereof, are hereby quashed & set aside. 10. Stay application, also stands disposed of. (VINOD KUMAR BHARWANI),J SAURABH /118