AJAY KUMAR JHA S/O LT. SHRI MAHESH JHA v. STATE OF RAJASTHAN
CRLMP/7019/2025 · 2025-11-01
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48737 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48737 (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. 7019/2025 Ajay Kumar Jha S/o Lt. Shri Mahesh Jha, Aged About 58 Years, R/o Village Chanwdiya Post Subhnkarpur Police Station Mawi District Darbhanga Bihar At Present R/o H.no. W-21-1/9 Sector 12, Noida, Police Station Sector 24,district Gautam Budha Nagar, Uttarpradesh. ----Petitioner Versus
1. State Of Rajasthan, Through P.P.
2. Satya Bhagwan Singh Dewda S/o Shri Nagar Singh Dewda, R/o Plot No. 33 C Raghunath Marg Colony Sirsi Road Jaipur At Present Shop S.d. 177 Shanti Nagar, Hatwada Road, Police Station Sadar Jaipur. ----Respondents For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Mr. Amit Gupta, PP Mr. Mahaveer Singh JUSTICE ANOOP KUMAR DHAND
Order 01/11/2025
1. The present criminal misc. petition has been filed under Section 528 BNSS for quashing the proceedings of the Criminal Case No.381/2024 pending against the petitioner before the Court of Additional Chief Judicial Magistrate No.3, Jaipur Metropolitan Second, Jaipur, on the basis of the compromise arrived at between the parties.
2.
Learned counsel for the petitioner submits that upon submission of the charge-sheet against the petitioner, he is facing trial for the offences under Section 420, 467, 468, 471 and 120-B IPC. Counsel submits that during pendency of the
(2 of 3) [CRLMP-7019/2025] trial, an application was submitted by the complainant- respondent for compounding the aforesaid offences. Counsel submits that the aforesaid application has been partly allowed and the offence punishable under Section 420 IPC has been compounded, but no permission has been granted to compound the offences under Sections 467, 468, 471 and 120B IPC, as the same are not compoundable. Counsel submits that in the light of 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, the proceedings be quashed against the petitioner on the basis of the compromise arrived at between the parties.
3. Per contra, learned Public Prosecutor opposed the prayer, but counsel appearing on behalf of the complainant supported the arguments of counsel for the petitioner and does not dispute the factum of compromise between the parties and submits that the complainant has no objection in case, the proceedings are quashed against the petitioner.
4. Complainant-respondent has put appearance in person and he has been duly identified by his counsel.
5. In view of the aforesaid compromise and the situations narrated herein above and looking to the fact that the compromise has been arrived at between the parties as well as considering the order dated 03.09.2025 passed by the Trial Court and also applying the principles 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
(3 of 3) [CRLMP-7019/2025] invoke the inherent powers of this Court contained under Section 528 BNSS.
6. Accordingly, the instant criminal misc. petition stands allowed. The proceedings arising out of the Criminal Case No.381/2024 pending before the Additional Civil Judge (Sr. Division) and Additional Chief Judicial Magistrate No.3, Jaipur Metropolitan Second, Jaipur are hereby quashed. The petitioner is discharged from the charges under Sections 467, 468, 471 and 120-B IPC.
7. The stay application and all pending applications, if any, stand disposed of.
(ANOOP KUMAR DHAND),J KuD/62