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2025 DAILYLAW 45759 (RAJ)

ABUZAR AHMED S/O SH. HASIN AHMED v. STATE OF RAJASTHAN

CRLMP/7737/2025 · 2025-12-02

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7737/2025 Abuzar Ahmed S/o Sh. Hasin Ahmed, aged about 25 Years, R/o Plot No. 3300, Mohalla Farsan Chokdi, Ramchandra Ji, Jaipur, Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through P.P 2. Sh. Satyanarayan Patel S/o Govind Patel, Aged About 28 Years, R/o Plot Number 1680-81, Thatheron Ka Rasta, Chaura Rasta, Jaipur, Rajasthan ----Respondents For Petitioner(s) : Mr. Rahul Tyagi For Respondent(s) : Mr. Vivek Choudhary-PP Mr. Aditya Surolia JUSTICE ANOOP KUMAR DHAND Order 02/12/2025 1. The present misc. petition has been filed under Section 528 BNSS for quashing the criminal proceedings pending against the petitioner before the Court of Additional Chief Judicial Magistrate No.6, Jaipur Metropolitan-II, arising out of FIR No. 136/2021 registered with Police Station Manak Chowk, Jaipur City (North), on the basis of compromise. 2. Learned counsel for the petitioner submits that the parties have amicably settled their dispute by entering into a compromise and it is borne out from the compromise that the complainant is not inclined to proceed further in this matter. Counsel further submits that the trial Court has verified the compromise to the extent of offence under Section 337 and 338 IPC vide order dated (2 of 3) [CRLMP-7737/2025] 21.02.2022 but permission has been declined to verify the compromise as regards to the offence under Sections 279 and 146/196 of the Motor Vehicles Act. Learned counsel submit that the entire proceedings arising out of the FIR be quashed in light of the judgments passed by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab and Anr. reported in 2012 (10) SCC 303 and The State of Madhya Pradesh vs. Laxmi Narayan and Ors. reported in 2019 (5) SCC 688. 3. Per contra, learned Public Prosecutor has opposed the prayer made by counsel for the petitioner but counsel appearing on behalf of the complainant accepts the factum of compromise. 4. In view of the aforesaid compromise arrived at between the parties and looking to the fact that the parties have amicably settled the dispute and now the complainant does not want to prosecute the petitioner and also applying the principles laid down by the Hon’ble Apex Court in the cases of Gian Singh (supra) and Laxmi Narayan (supra), this Court deems it just and proper to invoke inherent powers of this Court contained under Section 528 BNSS. 5. Accordingly, the instant criminal misc. petition stands allowed. The criminal proceedings pending against the petitioner before the Court of Additional Chief Judicial Magistrate No.6, Jaipur Metropolitan-II, arising out of FIR No. 136/2021 registered with Police Station Manak Chowk, Jaipur City (North) stand quashed. The petitioner is discharged from the charge under Sections 279 and 146/196 of the Motor Vehicles Act. (3 of 3) [CRLMP-7737/2025] 6. Stay application as well as all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J Ashu/154