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2025 DAILYLAW 46876 (RAJ)

SURESH SAWALKA S/O BAJRANG LAL SAWALKA v. STATE OF RAJASTHAN

CRLMP/7271/2025 · 2025-12-03

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:49186] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7271/2025 1. Suresh Sawalka S/o Bajrang Lal Sawalka, Aged About 67 Years, R/o Flat No. 807, Shivgyan Enclave, Gautam Marg, Nirman Nagar, Ajmer Road, Jaipur. 2. Umang Sawalka S/o Suresh Sawalka, Aged About 35 Years, R/o Flat No. 807, Shivgyan Enclave, Gautam Marg, Nirman Nagar, Ajmer Road, Jaipur. ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Mahesh Kumar Son Of Anjani Kumar Saraswat, Resident Of A-501, Shivgyan Enclave, Nirman Nagar, Sodala, Jaipur. ----Respondents For Petitioner(s) : Mr.Pankaj Gupta For Respondent(s) : Mr.Vivek Choudhary, PP Mr.Rajesh Kumar Sharma JUSTICE ANOOP KUMAR DHAND Order 03/12/2025 1. By way of filing the instant criminal misc. petition, a prayer has been made for quashing of the impugned F.I.R. No.213/2025, registered at Police Station Adarsh Nagar, District Jaipur City (East) for the offences under Sections 318(4), 316(2), 338, 340(2) & 61(2) of BNS, 2023, on the basis of the compromise arrived at between the parties. 2. This Court vide order dated 12.11.2025 directed the parties to appear before the Investigating Officer to verify the factum of compromise and Investigating Officer was further directed to [2025:RJ-JP:49186] (2 of 3) [CRLMP-7271/2025] submit the verification report with regard to the factum of compromise, for perusal of this Court. 4. In pursuance of the aforesaid order, the parties have appeared before the Investigating Officer and the complainant has submitted that he does not wish to prosecute the petitioners. 5. 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. 6. Complainant has put appearance in-person and has been duly identified by his counsel and he admits the factum of compromise arrived at between the parties. He has no objection, in case, the proceedings are quashed in terms of the compromise. 7. Heard and considered the submissions made at Bar and perused the material available on the record. 8. Considering the above factual aspect of the matter and the verification report so furnished by the S.H.O. Police Station Adarsh Nagar, District Jaipur City (East) as well as looking to the fact that the parties have amicably settled the dispute and now, the complainant does not wish to prosecute the petitioners, 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:49186] (3 of 3) [CRLMP-7271/2025] 9. Accordingly, the instant criminal misc. petitions stand allowed. The proceedings of impugned F.I.R. No.213/2025 registered at Police Station Adarsh Nagar, District Jaipur City (East) against the petitioners stand quashed and set-aside. 10. The stay application and all pending application(s), if any, stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /48