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2025 DAILYLAW 45776 (RAJ)

RAVI AJMERA S/O SHRI HARI NARAYAN v. STATE OF RAJASTHAN

CRLMP/498/2022 · 2025-11-06

Anoop Kumar Dhand

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Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 498/2022 Ravi Ajmera S/o Shri Hari Narayan, R/o House No. 11-A, Ajmera Kothi, Madhuvan Colony, P.s. Bajaj Nagar, Jaipur. Presently Residing At 6/413, Malviya Nagar, Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through Pp 2. Ramswarrop Choudhary S/o Shri Ramniwas, R/o Plot No. 15, Shiv Sahay Colony, Sanganer, Jaipur District Jaipur. ----Respondents Connected With S.B. Criminal Miscellaneous (Petition) No. 593/2020 Laxmi Narayan Singhal S/o Late Sh. Ramgopal Singhal, R/o C-12A, Ojhaji Ka Bag, Gandhi Nagar, Jaipur, Raj. ----Petitioner Versus 1. State Of Rajasthan, Through Pp. 2. Ramswaroop Choudhary S/o Ramniwas Jat, R/o 15, Shiv Sahay Colony, Sanganer, Jaipur, Raj. ----Respondents For Petitioner(s) : Mr. D.K. Dixit For Respondent(s) : Mr. Amit Gupta-PP Ms. Sarika Choudhary Mr. Narayan SingH Choudhary JUSTICE ANOOP KUMAR DHAND Order 06/11/2025 1. Both misc. petitions have been filed by the petitioners under Section 528 BNSS for quashing of the FIR No. 317/2011 registered with Police Station JDA, Jaipur for the offence under Sections 420, 467, 468, 471 and 120-B IPC. (2 of 3) [CRLMP-498/2022] 2. Learned counsel for the petitioners submits that the parties have settled their dispute by entering into a compromise and now the complainant does not wish to prosecute the petitioners. Counsel submits that apart from Section 420 IPC, rest of the offences are non-compoundable, hence the trial Court vide order dated 03.11.2025 has compounded the offence under Section 420 IPC in favour of the petitioners and refused to compound rest of the offences by holding the same being non compoundable. Counsel for the petitioners has 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 The State of Madhya Pradesh vs. Laxmi Narayan reported in 2019 (5) SCC 688. 3. Per contra, learned Public Prosecutor has opposed the prayer but counsel appearing on behalf of the complainant has no objection in case the proceedings arising out of FIR No. 317/2011 are quashed. 4. Heard and considered the submissions made at Bar and perused the material available on the record. 5. 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 petitioners 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. (3 of 3) [CRLMP-498/2022] 6. Accordingly, both misc. petitions stand allowed. The petitioners are discharged from the charge under Sections 467, 468, 471 and 120-B IPC and the subsequent criminal proceedings arising out of the FIR No. 317/2011 are quashed. 7. The stay application and all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J Ashu/104-105