SUMITRA DEVI WIFE OF GOKULENDRA MISHRA v. STATE OF RAJASTHAN
CRLMP/376/2025 · 2025-07-15
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4222 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4222 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:26366] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 376/2025 Sumitra Devi Wife Of Gokulendra Mishra, Aged About 73 Years, Resident Of Ward No. 8, Laxmangarh District Sikar. ----Petitioner Versus
1. State Of Rajasthan, Through P.p.
2. Sitaram Son Of Shri Chunni Lal @ Chunaram, Aged About 56 Years, Resident Of Purohit Ji Ki Dhani, Radhakishanpura, Udyog Nagar, Sikar. ----Respondents For Petitioner(s) : Mr. Susheel Pujari For Respondent(s) : Mr. Manvendra Singh Shekhawat, Dy. GA Mr. Vijay Singh HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 15/07/2025
1. Application (IA No.1/2025) has been filed for taking the certified copy of compromise on record.
2. For the reasons stated in the memo of the application, the same is allowed.
3. A copy of compromise is taken on record.
4. This petition under Section 528 B.N.S.S is filed, with prayer to quash the FIR No.272/2024 registered at Police Station Kotwali Sikar District Sikar for offences under Sections 420, 467, 468, 471 and 120B of IPC, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute.
5.
Learned counsel for both the parties, in presence of their respective clients, have submitted that the parties without any
[2025:RJ-JP:26366] (2 of 2) [CRLMP-376/2025] coercion or influence have entered into a compromise. Hence, both the parties have jointly agreed for quashing the impugned FIR and any further proceedings, arising therefrom.
6. Heard and considered.
7. In this regard, 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 the aforesaid 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 under Section 482 Cr.P.C., even if the offences are non- compoundable.”
8. In view of legal proposition of law laid down by the 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.
9. Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No. 272/2024 registered at Police Station Kotwali Sikar District Sikar with all consequential proceedings, is hereby quashed and set aside.
10. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of.
(SAMEER JAIN),J DEEPAK/383