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2025 DAILYLAW 43464 (RAJ)

ADITYA SHARMA S/O SHRI MAHENDRA KUMAR v. STATE OF RAJASTHAN

CRLMP/6268/2025 · 2025-12-04

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:49371] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6268/2025 1. Aditya Sharma S/o Shri Mahendra Kumar, Aged About 22 Years, R/o Jaitpur Brahman, Alwar, Rajasthan. 2. Prakash Chand Gurjar S/o Shri Rajaram Gurjar, Aged About 23 Years, R/o Bandipul ,ajabagarh, Alwar Rajasthan. ----Petitioners Versus 1. State Of Rajasthan, Through P.p. 2. Vikash Kumar S/o Shri Subhash Kumar, R/o 197,mohalla Jhalan, Ward No.5, Kanina Mandi, Mahendragarh ,haryana. 3. Yash Jangid S/o Shri Pawan Jangid, R/o Vpo Dhigal, Jhunjhunu, Rajasthan. 4. Rehan Ahmed S/o Shri Matin Ahmed, R/o 2-Cha 25-C, Opp. Satya Sai College,jawahar Nagar, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr.Shiv Kumar For Respondent(s) : Mr.Amit Punia, PP Mr.Karan Sharma JUSTICE ANOOP KUMAR DHAND Order 04/12/2025 1. By way of filing the instant criminal misc. petition, a prayer has been made for quashing the impugned F.I.R. No.167/2025 registered at Police Station Jyoti Nagar, District Jaipur City (South) for offence under Sections 115(2), 126(2), 189(2) & 352 of BNS, 2023 on the basis of compromise arrived at between the parties. 2. Learned counsel for the petitioners submits that after registration of the impugned F.I.R., the parties have settled their [2025:RJ-JP:49371] (2 of 3) [CRLMP-6268/2025] dispute by entering into a compromise. Now, the complainant does not want to prosecute the petitioners. 3. Learned counsel for the petitioners placed reliance upon the judgments passed by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab reported in 2012 (10) SCC 303 and in the case of The State of Madhya Pradesh vs. Laxmi Narayan reported in 2019 (5) SCC 688. Learned counsel submits that under these circumstances, the proceedings pending against the petitioners may be quashed. 4. This Court vide order dated 29.10.2025 directed the parties to appear before the Investigating Officer to verify the factum of the compromise arrived at between the parties and the Investigating Officer was further directed to submit the verification report for perusal of this Court. 5. In pursuance of the aforesaid order, the parties have appeared before the Investigating Officer and the Investigating Officer has verified the factum of the compromise arrived at between the parties and this fact has also been mentioned that the complainant does not wish to prosecute the petitioners. 6. Heard and considered the submissions made at the Bar and perused the material available on the record. 7. Considering the above factual aspect of the matter and the verification report so furnished by the S.H.O. Police Station Jyoti Nagar, District Jaipur City (South) as well as looking to the fact that the parties have amicably settled the dispute and now, the complainant does not wish to prosecute the petitioners and applying the principles as laid down by the Hon’ble Apex Court in the cases of Gian Singh (supra) and Laxmi Narayan (supra), [2025:RJ-JP:49371] (3 of 3) [CRLMP-6268/2025] this Court deems it just and proper to invoke the inherent powers of this Court contained under Section 528 BNSS. 8. Accordingly, the instant criminal misc. petition stands allowed. The proceedings arising out of the impugned F.I.R. No.167/2025 registered at Police Station Jyoti Nagar, District Jaipur City (South) against the petitioners stand quashed and set- aside. 9. The stay application and all pending application(s), if any, stand disposed of. 10. The copy of the factual report furnished by the S.H.O. is ordered to be taken on record. (ANOOP KUMAR DHAND),J Aayush Sharma /43