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2025 DAILYLAW 42497 (RAJ)

SANJAY SINGH SON OF SH. MOHAN SINGH v. STATE OF RAJASTHAN

CRLMP/7249/2024 · 2025-02-17

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:6972] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7249/2024 Sanjay Singh Son Of Sh. Mohan Singh, Aged About 31 Years, Resident Of Jalalpur, Salempur Chowki, District Dausa - 322240. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Sh. Uday Singh Son Of Hukam Singh, Resident Of Aikorashi, Tehsil Hindaun City, District Karauli, Rajasthan. ----Respondents For Petitioner(s) : Mr. Vijayant Nirwan For Respondent(s) : Mr. Manvendra Singh Shekhawat, P.P. Mr. Susheel Pujari HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 17/02/2025 1. The instant criminal misc. Petition has been filed under Section 482 Cr.PC for quashing of F.I.R. No.02/2024, registered at Police Station Hindaun, District Karauli, for the offence(s) punishable under Section(s) 332 & 353 I.P.C. 2. Learned counsel for the petitioner 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. 3. On the other hand, learned counsel for the complainant- respondent No.2 submits that the present petitioner, namely Sanjay Singh, was not involved in the dispute. Learned counsel further admits the fact of compromise and submits that the [2025:RJ-JP:6972] (2 of 3) [CRLMP-7249/2024] complainant-respondent No.2 has no objection if the F.I.R. and the proceedings are quashed on the basis of compromise entered in between the parties. An affidavit has also been submitted by the complainant-respondent No.2 in this regard. 4. Learned Public Prosecutor has submitted the factual report No.488 dt.27.01.2025, which is taken on record. He has also opposed the submissions made herein-above. 5. Heard learned counsel for the parties and perused the material available on record more particularly the police report, nature of allegation(s) and the compromise deed executed in between the parties. 6. It is evident from the record that the parties have resolved their dispute amicably 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 are 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 hesitate to quash the same by exercising the inherent powers vested in it. 7. Here in this case, though the offences are non- compoundable but the parties have settled the dispute amicably and that is essentially in between the parties which is not affecting public peace and tranquility, therefore, with a view to maintain the [2025:RJ-JP:6972] (3 of 3) [CRLMP-7249/2024] 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 qua the petitioner. 8. 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 qua the present petitioner, namely Sanjay Singh S/o Mohan Singh. 9. Stay application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAHIL SONI /299