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2025 DAILYLAW 48765 (RAJ)

VISHWAS OLA S/O SHRI SANJEEV KUMAR CHOUDHARY v. STATE OF RAJASTHAN

CRLMP/5689/2025 · 2025-11-28

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:48515] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5689/2025 1. Vishwas Ola S/o Shri Sanjeev Kumar Choudhary, Aged About 30 Years, R/o 2, Krishna Nagar, Kalyanpura, Sanganer, Jaipur, Rajasthan. 2. Javed Aadil Khan S/o Shri Quedir Ahmed Khan, Aged About 29 Years, R/o Lamba Hari Singh, Tonk, Rajasthan. ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Akram Khan S/o Nadim Khan, R/o 28, Sanjay Nagar -D, Joshi Marg, Jhotwara, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr.Rhythm Shrimal for Mr.Ajatshatru Mina For Respondent(s) : Mr.Vivek Choudhary, PP Mr.Ramsharan Singh JUSTICE ANOOP KUMAR DHAND Order 28/11/2025 1. By way of filing this criminal misc. petition, a prayer has been made to quash the F.I.R. No.390/2025 registered at the Police Station Shipra Path, District Jaipur City (South) for offence under Sections 189(2), 126(2), 115(2), 304(2) & 352 BNS, 2023. 2. Learned counsel for the petitioners submits that after registration of the impugned F.I.R., the complainant-respondent has filed a compromise in favour of the petitioners and now, the complainant does not want 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 [2025:RJ-JP:48515] (2 of 3) [CRLMP-5689/2025] compromise arrived at between the parties and the Investigating Officer was further directed to submit the verification report for perusal of this Court. 4. In pursuance of the aforesaid order, the parties have appeared before the Investigating Officer and the 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 the 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 Shipra Path, District Jaipur City (South) 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. 8. Accordingly, the instant criminal misc. petition stands allowed. The proceedings arising out of the impugned F.I.R. No.390/2025 registered at the Police Station Shipra Path, District [2025:RJ-JP:48515] (3 of 3) [CRLMP-5689/2025] Jaipur City (South) 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 /105