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2025 DAILYLAW 47400 (RAJ)

ARJUN TIWARI S/O SHRI DHARM PRAKASH TIWARI v. STATE OF RAJASTHAN

CRLMP/7219/2025 · 2025-12-02

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7219/2025 1. Arjun Tiwari S/o Shri Dharm Prakash Tiwari, Aged About 19 Years, Resident Of 150, Indra Colony, Near S.p. Kothi Alwar(Rajasthan) 2. Divyanshu Arora S/o Shri Bharat Bhushan, Aged About 20 Years, Resident Of 47 , Panchawati Scheme Number 7, Alwar (Rajasthan) 3. Sameer S/o Mahendra, Aged About 22 Years, Resident Of 60 Feet Road, Alwar (Rajasthan) 4. Hirdyesh Soni @ Deempi S/o Shri Ajay Soni, Aged About 22 Years, Resident Of 341, Darukuta Mohalla, Gali Number 11, Alwar (Rajasthan) 5. Rohit Pandit S/o Shri Harish Sharma, Aged About 23 Years, Resident Of Indra Colony, Alwar (Rajasthan) ----Petitioners Versus 1. State Of Rajasthan, Through P.p. 2. Hemant Kumar S/o Shri Madan Lal, Aged About 45 Years, Resident Of Dilli Darwaja, Shikari Pada, Police Station Kotwail , Alwar(Rajasthan) 3. Sourav Verma S/o Shri Hemant Kumar Verma, Aged About 24 Years, Resident Of Dilli Darwaja, Shikari Pada, Police Station Kotwail , Alwar(Rajasthan) 4. Hitesh Kumar Shukrawal S/o Kamal Kumar, Aged About 23 Years, Resident Of Dilli Darwaja , Halwai Pada , Jain Aushdhalya Ke Samne , Alwar Rajasthan ----Respondents For Petitioner(s) : Mr. Prakash Thakuriya For Respondent(s) : Mr. Vivek Choudhary-PP Mr. Sunil Khanna JUSTICE ANOOP KUMAR DHAND Order 02/12/2025 (2 of 3) [CRLMP-7219/2025] 1. The present misc. petition has been filed by the petitioners under Section 528 BNSS for quashing the FIR No. 127/2025 registered with Police Station Sadar, District Alwar for the offences under Sections 189(2), 115(2), 126(2), 304(2) of BNS and Section 3(1)(s), 3(1)(r) and 3(2)(va) of the SC/ST (Prevention of Atrocities Act, 1989) on the basis of compromise between the parties. 2. Learned counsel for the petitioners as well as counsel appearing on behalf of the complainant are in agreement that the parties have settled their dispute by entering into a compromise and now the complainant does not want to prosecute the petitioners. 3. This Court vide order dated 11.11.2025 directed the parties to appear before the Investigating Officer for verification of the compromise and the Investigating Officer was further directed to submit the verification report along with criminal antecedents of the petitioners. 4. Pursuant to the aforesaid order passed by this Court, the learned Public Prosecutor has furnished the verification report which verifies that the parties have settled their dispute and the complainant does not want to prosecute the petitioner and the petitioner is not having any criminal antecedents. 5. Considering the above factual aspect of the matter and looking to the fact that the dispute pertains to personal in nature and the complainant does not want to prosecute the petitioners and also applying the principles laid down by the Hon’ble Apex Court in the cases of Gian Singh Vs. State of Punjab and Anr. reported in 2012 (10) SCC 303 and The State of Madhya (3 of 3) [CRLMP-7219/2025] Pradesh vs. Laxmi Narayan and Ors. reported in 2019 (5) SCC 688, this Court deems it just and proper to invoke inherent powers of this Court contained under Section 528 BNSS. 6. Accordingly, the instant criminal misc. petition stands allowed. The impugned FIR No. FIR No. 127/2025 registered with Police Station Sadar, District Alwar for the offences under Sections 189(2), 115(2), 126(2), 304(2) BNS and Section 3(1)(s), 3(1)(r) and 3(2)(va) of the SC/ST (Prevention of Atrocities Act, 1989) stands quashed. 7. Stay application as well as all pending applications, if any, stand disposed of. 8. The factual report dated 01.12.2025 is ordered to be retained on record. (ANOOP KUMAR DHAND),J Ashu/45