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2025 DAILYLAW 49438 (RAJ)

DAMODAR MAHESHWARI v. STATE OF RAJASTHAN AND ANR.

CRLMP/2697/2012 · 2025-11-06

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:44419] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No 2697/2012 Damodar Maheshwari S/o Late Sh. Lal Chand, R/o D-184, Bhrigu Marg, Banipark, Jaipur, Rajasthan. ----Petitioner Versus 1. State of Rajasthan through P.P. 2. Surendra Lamba S/o Shri Shiv Nath Singh, R/o 71, Bhrigu Marg, Banipark, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Brijesh Yadav For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. H.R. Kumawat HON'BLE MR. JUSTICE ANAND SHARMA Order 06/11/2025 1. The instant criminal miscellaneous petition has been filed by the petitioner challenging FIR No.180/2011 registered at Police Station-Banipark, District-Jaipur City (South) for alleged offence under Section 420 IPC. 2. It is submitted that after filing of the instant petition, the complainant as well as petitioner have entered into compromise. 3. Vide order dated 06.10.2025, directions were given to the Investigating Officer to investigate with regard to the veracity of the compromise. Today, one factual report dated 28.10.2025 prepared by Station House Officer, Police Station-Banipark, District Jaipur City (South) has been placed on record by the learned Public Prosecutor, in which it has been verified that the [2025:RJ-JP:44419] (2 of 2) [CRLMP-2697/2012] complainant and the petitioner have entered into a compromise and as per compromise, the complainant intends not to prosecute the petitioner further pursuant to aforesaid FIR No.180/2011. 4. Bare perusal of FIR would also reveal that prima facie dispute was in relation to rights over an immovable property, which can otherwise be settled in civil litigation. Hence, in the light of the judgment passed by Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303, where guidelines have been given to quash the FIR/complaint in the eventuality of compromise entered into between the complainant and the accused as well as in view of the fact that parties entered into compromise, this Court deems it just and proper to quash and set aside FIR No.180/2011 registered at Police Station-Banipark, District-Jaipur City (South). 5. Accordingly, the instant Criminal Miscellaneous Petition is allowed. 6. Pending application(s), if any, also stands disposed of. (ANAND SHARMA),J DAKSH/4