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2025 DAILYLAW 48367 (RAJ)

SHIV KUMAR S/O AMARNATH GAUTAM @ AMAR SINGH v. STATE OF RAJASTHAN

CRLMP/6958/2025 · 2025-11-28

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:48554] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6958/2025 1. Shiv Kumar S/o Amarnath Gautam @ Amar Singh, R/o F-3/341, Chitrakoot Scheme, Jaipur. 2. Geeta Gautam W/o Shiv Kumar, R/o F-3/341, Chitrakoot Scheme, Jaipur. 3. Shivansh Gautam S/o Shiv Kumar, R/o F-3/341, Chitrakoot Scheme, Jaipur. 4. Mukti Gautam D/o Shiv Kumar, R/o F-3/341, Chitrakoot Scheme, Jaipur. ----Petitioners Versus 1. State Of Rajasthan, Through P.p. 2. Raju Singh Solanki S/o Bhagwat Singh Solanki, R/o 3/340-A, Chitrakoot , Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr.Suresh Kumar with Ms.Neema Kaushal Ms.Vijay Laxmi Jangid For Respondent(s) : Mr.Vivek Choudhary, PP Mr.Chaman Singh JUSTICE ANOOP KUMAR DHAND Order 28/11/2025 1. By way of filing the instant criminal misc. petition, a prayer has been made for quashing the F.I.R. No.372/2025 registered at Police Station Chitrakoot, District Jaipur (West) for offences under Sections 126(2), 115(2), 333, 351(2) & 3(5) of BNS, 2023. 2. Learned counsel for the petitioners submits that after registration of the impugned F.I.R., the complainant-respondent [2025:RJ-JP:48554] (2 of 3) [CRLMP-6958/2025] has filed a compromise arrived at with the petitioners and now, the complainant does not wish to prosecute the petitioners. 3. This Court vide order dated 07.11.2025 directed the parties to appear before the Investigating Officer to verify the factum of compromise and the Investigating Officer was further directed to 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 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. Heard and considered the submissions made at Bar and perused the material available on the record. 7. Considering the above factual aspect of the matter and the verification report so furnished by the S.H.O. Police Station Chitrakoot, District Jaipur (West), 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:48554] (3 of 3) [CRLMP-6958/2025] 8. Accordingly, the instant criminal misc. petition stands allowed. The proceedings arising out of impugned F.I.R. No.372/2025 registered at Police Station Chitrakoot, District Jaipur (West) against the petitioners stand quashed and set-aside. 9. The stay application and all pending application(s), if any, stand disposed of. 10. The report furnished by the Investigating Officer is ordered to be retained on record. (ANOOP KUMAR DHAND),J Aayush Sharma /42