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2025 DAILYLAW 48590 (RAJ)

ZAFAR CHISTI SON OF SYED FAROOQ AHMED NIYAJI v. THE STATE OF RAJASTHAN

CRLMP/5325/2025 · 2025-12-10

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:50245] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.5325/2025 Zafar Chisti Son Of Syed Farooq Ahmed Niyaji, Address Panigram Dargah Bajar, Dargah, Ajmer, Rajasthan, India. ----Petitioner Versus 1. The State Of Rajasthan, Through The Public Prosecutor. 2. Tanisha Sen D/o Chandra Prakash Sen, Address Narayana School Ke Pichhe, Global Colony, Lohagal, Ajmer, Christianganj, Ajmer, Rajasthan, India. ----Respondents For Petitioner(s) : Mr. Aditya for Mr. Gurpreet Singh Sodhi For Respondent(s) : Mr. Vivek Choudhary, PP Mr. Chandra Shekhar JUSTICE ANOOP KUMAR DHAND Order 10/12/2025 1. The present misc. petition has been filed by the petitioner under Section 528 BNSS for quashing the FIR No.203/2025 registered with Police Station Christianganj, District Ajmer for the offences under Sections 115(2), 126(2), 308(2), 308(3), 318(4) and 351(3) of BNS, 2023 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 petitioner. [2025:RJ-JP:50245] (2 of 2) [CRLMP-5325/2025] 3. This Court vide order dated 01.09.2025 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. 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. 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 petitioner 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 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.203/2025 registered with Police Station Christianganj, District Ajmer for the offences under Sections 115(2), 126(2), 308(2), 308(3), 318(4) and 351(3) of BNS, 2023 stands quashed. 7. Stay application as well as all pending applications, if any, stand disposed of. 8. The factual report dated 02.12.2025 is ordered to be retained on record. (ANOOP KUMAR DHAND),J Karan/270