KAMLENDAR SINGH KURKI S/O SHRI MAHENDRA SINGH v. STATE OF RAJASTHAN
CRLMP/7373/2025 · 2025-12-01
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44602 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44602 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:48788] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.7373/2025 Kamlendar Singh Kurki S/o Shri Mahendra Singh, Aged About 57 Years, R/o 897 Gotam Marg Ranisati Nagar, Jaipur, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through P.p.
2. Naresh Kumar Yadav S/o Unknown, R/o Ghoda Fer Ka Chauraha, Near Bairath Hostel Jaipur Road, Alwar Presently 12 Gali No. 8 Kumawat Colony Khatipura Road, Jhotwara, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Varun Sharma Mr. Manu Sharma For Respondent(s) : Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND
Order 01/12/2025
1. The present criminal misc. petition has been filed under Section 528 BNSS for quashing the proceedings arising out of the FIR No.122/2008 registered at Police Station Shyam Nagar, District Jaipur City (South) for offences under Sections 420 IPC, on the basis of the compromise arrived at between the parties.
2.
Learned counsel for the petitioner submits that upon submission of the charge-sheet against the petitioner, he is facing trial for the offences under Sections 420, 467, 468 & 471 IPC.
Learned counsel submits that during pendency of the trial, an application was submitted by the complainant-respondent for compounding the aforesaid offences. Learned counsel submits that the aforesaid application has been partly allowed and the offence
[2025:RJ-JP:48788] (2 of 3) [CRLMP-7373/2025] punishable under Section 420 IPC has been compounded, but no permission has been granted to compound the offences under Sections 467, 468 & 471 IPC, as the same are not compoundable.
Learned counsel submits that in light of 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 The State of Madhya Pradesh vs. Laxmi Narayan reported in 2019 (5) SCC 688, the proceedings arising out of the impugned FIR be quashed against the petitioner on the basis of the compromise arrived at between the parties.
3. Per contra, learned Public Prosecutor opposes the prayer made by counsel for the petitioner.
4. Heard and considered the submissions made at the Bar and perused the material available on the record.
5. Considering the arguments put forward by learned counsel for the petitioner and looking to the fact that the complainant does not want to prosecute the petitioner and he has already submitted an application in this regard before the Trial Court and also looking to the fact that the compromise has been arrived at between the parties as well as considering the order dated 27.02.2017 passed by the Trial Court and also applying the principles laid down by the Hon’ble Apex Court in the case of Gian Singh (supra) and Laxmi Narayan (supra), this Court deems it just and proper to invoke the inherent powers of this Court contained under Section 528 BNSS.
6. Accordingly, the instant criminal misc. petition stands allowed. The proceedings arising out of the impugned FIR No.122/2008 registered at Police Station Shyam Nagar, District
[2025:RJ-JP:48788] (3 of 3) [CRLMP-7373/2025] Jaipur City (South) pending against the petitioner before the Court below are hereby quashed. The petitioner is discharged from the charges under Sections 467, 468 & 471 IPC.
7. Stay application as well as all pending applications, if any, stand disposed of.
(ANOOP KUMAR DHAND),J Karan/65