ADITYA TIWARI SON OF SHRI UMESH TIWARI v. STATE OF RAJASTHAN
CRLMP/7760/2025 · 2025-12-18
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44805 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44805 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:51188] (1 of 3) [CRLMP-7760/2025] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7760/2025
1. Aditya Tiwari Son Of Shri Umesh Tiwari, Aged About 36 Years, Resident Of House No. F-166-167, Ramnagar Vistar, Gina, Mahesh Nagar District Jaipur At Present Tenent At House No. 6, Naval Residency, Gopal Nagar Police Station Chitrakoot, District Jaipur
2. Vikram Meena Son Of Shri Chitarmal Meena, Resident Of Kumaro Ka Mohalla, Amersar, Gagna Amersar, District Jaipur At Present Tenent At House No. 19, Sachivalya Colony, Barkat Nagar, Jaipur. ----Petitioners Versus
1. State Of Rajasthan, Through PP
2. Sonu Sharma Son Of Shri Mohan Lal Sharma, Resident Of 199, Devki Nagar Colony, Vijaypura Road, Kanota, Jaipur. ----Respondents For Petitioner(s) : Mr. Rajesh Maharshi For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Moin Khan, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 18/12/2025
1. By way of this criminal misc. petition under Section 528 B.N.S.S., the accused-petitioners have approached this Court with a prayer to quash the criminal proceedings pending against him before learned Additional Civil Judge and Judicial Magistrate No.12, Jaipur Metropolitan-I, District Jaipur in Case No.238/2024 arising out of FIR No.197/2024 registered at Police Station Adarsh Nagar, District Jaipur City (East) for the offences punishable under
[2025:RJ-JP:51188] (2 of 3) [CRLMP-7760/2025] Sections 143, 343, 341, 342 & 365 of IPC mainly on the ground that the parties have entered into compromise and amicably settled their dispute and now no dispute remains between them.
2. The brief facts are that an FIR was lodged by the complainant-respondent No.2 against the petitioner, in which after investigation, charge-sheet for the offences under Sections 143, 341, 342, 365, 323, 147 & 149 of IPC was filed before concerned court and thereafter, criminal proceedings in Case No.238/2024 were commenced. During trial, both the parties filed an application for compounding of the aforesaid offences in terms of compromise. The trial Court vide order dated 11.11.2025 partly allowed the said application while permitting and attesting the compromise to the extent of offences under Sections 323, 341 & 342 of IPC but refused to compound the offences under Sections 143, 147 & 365 of IPC, as the same are not compoundable.
3. In these circumstances, petitioners have approached this Court by way of this petition to quash the aforesaid criminal proceedings pending before the trial Court on the ground that the parties have resolved their dispute amicably.
4.
Learned counsel for the complainant submits that the complainant has no objection if the criminal proceedings are quashed.
5. In view of the aforesaid and considering the submissions made on behalf of the respective parties; the material made available for my perusal; considering that the petitioners and the complainant have resolved their dispute amicably, this Court is of the view that in order to establish peace and harmony between
[2025:RJ-JP:51188] (3 of 3) [CRLMP-7760/2025] the petitioners and complainant, and also finding that the present case is wholly covered by the principle of law laid down by Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr-reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [AIR 1992 SC 604], criminal proceedings are liable to be quashed in view of compromise arrived at between the parties.
6. In view of the above, this criminal misc. petition is allowed and the criminal proceedings pending against the petitioner before learned Additional Civil Judge and Judicial Magistrate No.12, Jaipur Metropolitan-I, District Jaipur in Case No.238/2024 arising out of FIR No.197/2024 registered at Police Station Adarsh Nagar, District Jaipur City (East) for the offences punishable under Sections 143, 343, 341, 342 & 365 of IPC are quashed and set aside. Consequence to follow.
7. The stay application also stands disposed of.
(ANIL KUMAR UPMAN),J CHARU SONI /231