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2025 DAILYLAW 46457 (RAJ)

SMT. DURGAWATI W/O RAMSAHAI v. STATE OF RAJASTHAN

CRLMP/1260/2025 · 2025-03-25

Vinod Kumar Bharwani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:13470] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1260/2025 1. Smt. Durgawati W/o Ramsahai, Aged About 60 Years, R/o Ward No. 6, Maan Singh Ki Bagichi Near Sin Higher Secondary School, Nadbai, District Bharatpur, Rajasthan. 2. Devendra Singhal S/o Kundanlal Singhal, Aged About 42 Years, R/o A-88, Near Pani Ki Tanki, Dadu Dayal Nagar, Jaipur ( Rajasthan). 3. Hitendra Singh S/o Padam Singh, Aged About 46 Years, R/o 396, Krishna Nagar, Bharatpur, ( Rajasthan). 4. Pushpendra Singh S/o Ramsahai, Aged About 34 Years, R/o Nagar Road, Bharat, X-Ray Centre, Nadbai, District Bharatpur. ----Accused-Petitioners Versus 1. State of Rajasthan, Through Public Prosecutor 2. Ashish Nitharwal S/o Kishan Lal, R/o Village Rampura, Muhana, Jaipur City ( South). ----Respondents For Petitioner(s) : Mr. D.S. Naruka, Advocate with Mr. Aniket Sharma, Advocate For Respondent(s) : Mr. M.S. Shekhawat, Public Prosecutor HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 25/03/2025 : Instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred on behalf of the accused- petitioners seeking quashing of impugned F.I.R. No.748/2024 registered at Police Station Muhana District Jaipur City (South) for offences punishable under Sections 447, 427, 323, 341, 506 & 116 of I.P.C., in terms of compromise. In compliance of the order dt.03.03.2025 passed by this Court, learned Public Prosecutor for the State, has submitted the factual report, which is taken on record. As per factual report, both the parties have amicably settled their disputes by way of compromise. The [2025:RJ-JP:13470] (2 of 3) [CRLMP-1260/2025] Investigating Officer has also verified the factum of compromise arrived between the parties. Learned counsel appearing for the accused-petitioners submits that the complainant-respondent & the petitioners have already entered into a compromise before the Investigating Officer. It is further submitted that since the compromise has been arrived at between the parties by way of mutual consent, no useful purpose would be served in continuing the trial against the petitioners, as the same may derail the compromise arrived at between them. Learned Public Prosecutor for the State has opposed the submissions made by the learned counsel appearing for the accused- petitioners, whereas the learned counsel appearing for the complainant/ respondent has no objection, if the impugned F.I.R. is quashed, as the parties have already entered into a compromise. Having considered the overall facts & circumstances of the case & looking to the fact that the compromise has been arrived at between the petitioners & the respondent, this Court is of the view that when once the disputes have been settled by way of mutual compromise, no useful purpose would be served in keeping the criminal proceedings pending. Furthermore, keeping in view the observations made by the Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab & Another, JT 2012 (9) S.C. 426, this Court is of the opinion that it is a fit case, wherein the criminal proceedings pending against the petitioners can be quashed while exercising powers under Section 528 of B.N.S.S. 2023. Accordingly, instant petition is allowed. The impugned F.I.R. No.748/2024 registered at Police Station Muhana District Jaipur [2025:RJ-JP:13470] (3 of 3) [CRLMP-1260/2025] City (South) alongwith all subsequent proceedings is, hereby, quashed qua the present petitioners, in terms of compromise. Pending application, if any, also stands disposed of. (VINOD KUMAR BHARWANI),J ASHOK