DHARMENDRA CHOUDHARY @ DHARMA S/O SHRI RAMCHANDRA v. STATE OF RAJASTHAN
CRLMP/7553/2025 · 2025-12-01
Anoop Kumar Dhand
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 46716 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46716 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:48773] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.7553/2025
1. Dharmendra Choudhary @ Dharma S/o Shri Ramchandra, Aged About 25 Years, R/o Neem Ki Dhani Bamlas, Tehsil Udaipurwati, Police Station Gudhagaurji, District Jhunjhunu.
2. Mahesh Kumar S/o Shri Mahendra Singh, Aged About 36 Years, R/o Village Post Duloth Jat, Police Station Ateli Mandi, District Mahendragarh, Haryana
3. Budhram @ Jale Singh S/o Shri Ramniwas, Aged About 28 Years, R/o Village Rojda, Police Station Khetri, District Jhunjhunu.
4. Ram Singh S/o Shri Maman Singh, Aged About 24 Years, R/o Dhani Tilodi, Village Naurangkabas, Police Station Jhojhukalan, Tehsil And District Chakri Dadri, Haryana.
5. Jugan Singh S/o Shri Umrao Singh, Aged About 31 Years, R/o Madhogarh, Police Station Khetri, District Jhunjhunu. ----Petitioners Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Lalaram S/o Late Shri Narayan, Aged About 65 Years, R/o Village Anantpura Jetpura, Tehsil Chomu, District Jaipur. ----Respondents For Petitioner(s) : Mr. Pankaj Sharma For Respondent(s) : Mr. Vivek Choudhary, PP Mr. Parth Sharma JUSTICE ANOOP KUMAR DHAND
Order 01/12/2025
1. The present criminal misc. petition has been filed under Section 528 BNSS for quashing the proceedings arising out of the FIR No.46/2021 registered at Police Station Chomu, District Jaipur (West) for offences under Sections 147, 148, 149, 448, 379, 452
[2025:RJ-JP:48773] (2 of 3) [CRLMP-7553/2025] & 307 of BNS, 2023 and Sections 3, 25, 27, 25(6) & 25(7) of Arms Act, on the basis of the compromise arrived at between the parties.
2.
Learned counsel for the petitioners submits that upon submission of the charge-sheet against the petitioners, they are facing trial for the offences under Sections 147, 148, 149, 448, 323, 336 & 452 of BNS, 2023 and Section 5/27 of Arms Act.
Learned counsel submits that during pendency of the trial, an application was submitted by the complainant-respondent for compounding the aforesaid offences. Learned counsel submits that the aforesaid application has been partly allowed and the offence punishable under Sections 323 & 448 has been compounded, but no permission has been granted to compound the offences under Sections 147, 148, 149, 336 & 452 of BNS, 2023 and Section 5/27 of Arms Act, as the same are not compoundable. Learned counsel submits that in light of 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, the proceedings arising out of the impugned FIR be quashed against the petitioners on the basis of the compromise arrived at between the parties.
3. Per contra, learned Public Prosecutor opposes the prayer, but counsel appearing on behalf of the complainant supported the
arguments of counsel for the petitioners and does not dispute the factum of compromise between the parties and submits that the complainant has no objection in case, the proceedings arising out of the impugned FIR are quashed against the petitioners.
[2025:RJ-JP:48773] (3 of 3) [CRLMP-7553/2025]
4. In view of the aforesaid compromise and the situations narrated herein above and looking to the fact that the compromise has been arrived at between the parties as well as considering the
order dated 07.11.2025 passed by the Trial Court and also applying the principles laid down by the Hon’ble Apex Court in the case 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.
5. Accordingly, the instant criminal misc. petition stands allowed. The proceedings arising out of the impugned FIR No.46/2021 registered at Police Station Chomu, District Jaipur (West) pending against the petitioners before the Court below are hereby quashed. The petitioners are discharged from the charges under Sections 147, 148, 149, 336 & 452 of BNS, 2023 and Section 5/27 of Arms Act.
6. Stay application as well as all pending applications, if any, stand disposed of.
(ANOOP KUMAR DHAND),J Karan/76