ASHOK KUMAR SOMANI S/O KUNDANMAL v. STATE OF RAJASTHAN
CRLMP/1531/2023 · 2025-11-27
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45804 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45804 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:48284] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1531/2023
1. Ashok Kumar Somani S/o Kundanmal, Resident Of 104, Swyam Siddhi Apartment Devdeep Society, Parle Point, Surat, Gujrat.
2. Kamal Kiashore Somani S/o Kundanmal, Resident Of 104, Sheetaldhara Apartment, City Lite, Surat, Gujrat.
3. Smt. Krishanapyari W/o Sh. Omnarayan, Resident Of , 100 Ft Road, Behind Gss, Kakroli. ----Petitioners Versus
1. State Of Rajasthan, Through P.p.
2. Chirag Meghwal @ Champalal S/o Late Arjun, Resident Of Govindpura, Tehsil Beawar Ajmer. ----Respondents For Petitioner(s) : Ms.Meenakshi Pareek For Respondent(s) : Mr.Vivek Choudhary, PP Mr.Devi Singh, PP JUSTICE ANOOP KUMAR DHAND
Order 27/11/2025
1. By way of filing the instant criminal misc. petition, a prayer has been made for quashing of the proceedings arising out of the impugned F.I.R. No.94/2023 registered at Police Station Beawar City, District Ajmer under Sections 420, 467, 468, 471 & 120-B IPC and Section 3(2)(va) of SC/ST Act.
2.
Learned counsel for the petitioners submits that during the course of investigation, the complainant-respondent has entered into a compromise with the petitioners, wherein it has been
[2025:RJ-JP:48284] (2 of 3) [CRLMP-1531/2023] indicated that the complainant does not wish to prosecute the petitioners.
3. This Court vide order dated 06.11.2025 directed the parties to appear before the Investigating Officer to verify the factum of compromise and in pursuance of the aforesaid order, the complainant has appeared before the Investigating Officer and has submitted that he does not wish to prosecute the petitioners. On the basis of the aforesaid statement of the complainant, the Police has submitted final report ‘Negative’ in the case before the competent Court of law.
4.
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.
5. Heard and considered the submissions made at Bar and perused the material available on the record.
6. Considering the above factual aspect of the matter and looking to the fact that the parties have amicably settled the dispute and now, the complainant does not wish to prosecute the petitioners and the dispute pertains to personal in nature, and applying the principles as 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 the inherent powers of this Court contained under Section 528 BNSS.
[2025:RJ-JP:48284] (3 of 3) [CRLMP-1531/2023]
7. Accordingly, the instant criminal misc. petition stand allowed. The proceedings arising out of the impugned F.I.R. No.94/2023 registered at Police Station Beawar, District Alwar against the petitioners stand quashed and set-aside.
8. The stay application and all pending application(s), if any, stand disposed of.
9. The factual report furnished by the Investigating Officer is ordered to be retained on record.
(ANOOP KUMAR DHAND),J Aayush Sharma /170