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2025 DAILYLAW 43345 (RAJ)

BRIJESH KUMAR S/O SHRI MANOJ KUMAR THAKUR v. STATE OF RAJASTHAN

CRLMP/6944/2024 · 2025-03-11

Vinod Kumar Bharwani

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:11146] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6944/2024 1. Brijesh Kumar S/o Shri Manoj Kumar Thakur, R/o Ward No. 07, Ratanpur Abhiman, District Darbhanga (Bihar) 2. Khushi Ram S/o Ram Singh Kasana, R/o Gali Wali Dhani, Village And Post Torda, Sikrai District Dausa 3. Ujjawal Ratan S/o Sanjeev Kumar, R/o Kafain Latif, P.o Kafen, Sub-District Bochaha, District Muhaffarpur (Bihar) 4. Vikram Singh S/o Ramsingh Kasana, R/o Village And Post Torda, Tehsil Sikrai, District Dausa 5. Mukesh Kumar S/o Krishan Kumar, R/o Khedki Virbhan, Kotputli, District Kotputli-Behror ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Abhay Jat S/o Bodu Ram Jat, R/o Rampura, P.s. Sadar, Sikar. ----Respondents For Petitioner(s) : Mr. Narendra Prasad Meena with Mr. Pradeep Kumar Meena For Respondent(s) : Mr. Jaiprakash Tiwari, P.P. Mr. Bheem Sain Bairwa Ms. Rajani Kumari, S.I., Police Station Chandwaji, Distt. Jaipur Rural HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 11/03/2025 The instant criminal misc. Petition has been filed under Section 528 B.N.S.S. for quashing of F.I.R. No. 30/2024, registered at Police Station Chandwaji, District Jaipur Rural, for the offence(s) punishable under Section(s) 143, 341, 323, 365 & 379 I.P.C. [2025:RJ-JP:11146] (2 of 3) [CRLMP-6944/2024] It is submitted by learned counsel for the petitioners 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. On the other hand, learned counsel appearing for complainant-respondent No.2 admits the fact of compromise and submits that the 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. Ms. Rajani Kumari, I.O., S.I., Police Station Chandwaji, Distt. Jaipur Rural, is present in person before this Court and has submitted the factual report of investigation No.1533 dt.11.03.2025, which is taken on record. Learned Public Prosecutor has opposed the submissions made herein-above. Heard learned counsel for the parties and perused the material available on record more particularly the compromise deed executed in between the parties. 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 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 [2025:RJ-JP:11146] (3 of 3) [CRLMP-6944/2024] 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. 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 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. Accordingly, the criminal misc. Petition is allowed. The aforementioned F.I.R. & all further proceedings undertaken in pursuance thereof, are hereby quashed & set aside. The stay application also stands disposed of. (VINOD KUMAR BHARWANI),J SAHIL SONI /318