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2025 DAILYLAW 48687 (RAJ)

ASHOK PANSARI SON OF SHRI VIMAL CHAND JAIN v. STATE OF RAJASTHAN

CRLMP/5398/2025 · 2025-10-30

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:43613] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.5398/2025 1. Ashok Pansari Son Of Shri Vimal Chand Jain, Aged About 53 Years, Resident Of 4/713, Jawahar Nagar, Jaipur 2. Vinod Shrimal Son Of Late Shri Mansingh Shrimal, Aged About 55 Years, Resident Of 4/49, Jawahar Nagar, Jaipur, Rajasthan. 3. Naveen Dhor Son Of Shri Chiranji Lal, Aged About 53 Years, Resident Of Flat No. 25, Nandpuri, Jagdish Vihar Ii, Prem Nagar, Jaipur, Rajasthan. 4. Sunil Kumar Jain S/o Late Shri Malchand Jain, Aged About 51 Years, Resident Of B-47, Prabhu Marg, Tilak Nagar, Jaipur 5. Shanti Chand Jargad S/o Shri Sukhlal Jargad, Aged About 56 Years, Resident Of D-51, Subhash Marg, C-Scheme, Jaipur, Rajasthan ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Shri Anil Kumar Jain S/o Late Shri Padam Chand Jain, Resident Of B-34, Prabhu Marg, Tilak Nagar, Jaipur 3. Smt. Sapna Jhadchur W/o Shri Anil Kumar Jain, Resident Of B-34, Prabhu Marg, Tilak Nagar, Jaipur. ----Respondents For Petitioner(s) : Mr. Shubham Sharma For Respondent(s) : Mr. Amit Gupta, PP Mr. Iskandh Sharma JUSTICE ANOOP KUMAR DHAND Order 30/10/2025 1. By way of filing this criminal misc. petition, a prayer has been made for quashing of criminal proceedings in Criminal Case No.570/2018 against the petitioners before the court of Additional [2025:RJ-JP:43613] (2 of 3) [CRLMP-5398/2025] Civil Judge and Judicial Magistrate No.6, Jaipur Metropolitan-I, Jaipur. 2. Learned counsel for the petitioners submits that the petitioners were facing trial for the offences punishable under Sections 143, 323, 341 & 506 IPC and during pendency of the trial, compromise has taken place between the parties and the compromise has been attested by the trial court for the offences under Sections 323, 341 & 506 IPC and proceedings have been dropped against them vide order dated 10.07.2025, but the offence under Section 143 IPC has not been compounded as the same is not compoundable. 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 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 under Section 143 IPC be quashed. 3. The complainants/respondents are present in person and they have been duly identified by their counsel. They verify the factum of compromise and state that now they have no objection in case the petitioners are discharged from the charges under Section 143 IPC. 4. Heard and considered the submissions made at Bar and perused the material available on the record. 5. Perusal of the record indicates that the trial Court has verified the compromise vide order dated 10.07.2025 to the extent of the offence under Sections 323, 341 & 506 IPC and discharged the petitioners from the charge under Sections 323, [2025:RJ-JP:43613] (3 of 3) [CRLMP-5398/2025] 341 & 506 IPC, however, the trial Court has declined to verify the compromise with regard to the offence under Section 143 IPC on the ground that the said offence is not compoundable. 6. In view of the aforesaid compromise arrived at between the parties and looking to the fact that the parties have amicably settled the dispute and now 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 (supra) and Laxmi Narayan (supra), this Court deems it just and proper to invoke inherent powers of this Court contained under Section 528 BNSS. 7. Accordingly, the instant criminal misc. petition stands allowed. The petitioners are discharged from the charge under Sections 143 IPC in Criminal Case No.570/2018 pending before the Court of Additional Civil Judge and Judicial Magistrate No.6, Jaipur Metropolitan-I, Jaipur. 8. The stay application and all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J Karan/17