DHANRAJ MEGHWANSHI S/O SHRI MAHAVIR PRASAD v. STATE OF RAJASTHAN
CRLMP/7583/2025 · 2025-12-02
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47373 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47373 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7583/2025
1. Dhanraj Meghwanshi S/o Shri Mahavir Prasad, R/o A-2, Vishwakarma Nagar Second, Maharani Farm, Shiprapath, Jaipur, Rajasthan.
2. Ramawatar Meena S/o Shri Hanuman Prasad Meena, R/o 39 Raghu Vihar Shiprapath, Jaipur City ( South), Ra- jasthan. ----Petitioners Versus
1. State Of Rajasthan, Through P.p.
2. Mukesh Chandna S/o Shri Govindlal Chandna, R/o 42, Sms Colony, B-Block, Police Station Shiprapath, Jaipur City ( South), Rajasthan. ----Respondents For Petitioner(s) : Mr. Rajveer Singh Jhala For Respondent(s) : Mr. Vivek Choudhary-PP Mr. Avtar Singh Rathore JUSTICE ANOOP KUMAR DHAND
Order 02/12/2025
1. The instant criminal misc. petition has been preferred for quashing the proceedings in criminal case No. 528/2024 pending against the petitioners before the trial Court arising out of the FIR No.1029/2019, registered with Police Station Shipra Path, Jaipur City (South), on the basis of the compromise arrived at between the parties.
2.
Learned counsel for the petitioners submits that the petition- ers are facing trial for the offence under Sections 336 and 427 IPC. During the pendency of the trial, an application has been sub-
(2 of 3) [CRLMP-7583/2025] mitted by the complainant for compounding the offences as the complainant does not want to prosecute the petitioners. Counsel submits that the aforesaid application has been partly allowed vide
order dated 29.06.2024 and the permission has been granted to compound the offence under Section 427 IPC but the permission has been declined for the offence under Section 336 IPC, hence the same is not compoundable. Counsel submits that the allega- tions levelled in the FIR are personal in nature and now the com- plainant does not want to prosecute the petitioners.
3.
Learned 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 in the case of The State of Madhya Pradesh vs. Laxmi Narayan reported in 2019 (5) SCC 688.
4. Learned Public Prosecutor opposes the arguments raised by counsel for the petitioners but counsel appearing on behalf of the complainant accepts the factum of compromise.
5. In view of the aforesaid compromise and the situations nar- rated herein above and looking to the fact that a compromise has been arrived at between the parties as well as the order dated 29.06.2024 passed by the Trial Court and also applying the princi- ples as 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 con- tained under Section 528 BNSS.
6. Accordingly, the instant criminal misc. petition stands al- lowed. The criminal proceedings arising out of impugned FIR No.1029/2019, registered with Police Station, Shipra Path, Jaipur
(3 of 3) [CRLMP-7583/2025] City (South) stand quashed. The petitioners are discharged for the offence under Section 336 IPC.
7. The stay application and all pending applications, if any, stand disposed of.
(ANOOP KUMAR DHAND),J Ashu/74