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2025 DAILYLAW 49569 (RAJ)

KAPIL MEERCHANDANI SON OF LATE SHRI KAMAL KISHOR MEERCHANDANI v. STATE OF RAJASTHAN

CRLMP/7210/2025 · 2025-11-28

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:48514] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7210/2025 1. Kapil Meerchandani Son Of Late Shri Kamal Kishor Meer- chandani, Aged About 35 Years, Resident Of House No. 1- D-71, J.n.v. Colony, Vtc Bikaner, At Present Tenant In House No. A-146, Model Town, Malviya Nagar, P.s. Malviya Nagar, Jaipur. 2. Saurabh Sadaragani Of Son Of Shri Rajkumar Sadaragani, Resident Of House No. 3-Na-7, Opposite Post Office, Jawahar Nagar, P.s. Jawahar Nagar, Jaipur. ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Parvindra Singh Son Of Late Shri Pritpal Singh, Aged About 44 Years, Resident Of 9/856, Malviya Nagar, Jaipur, Raj. ----Respondents For Petitioner(s) : Mr.Anil Kumar Beri For Respondent(s) : Mr.Vivek Choudhary, PP Mr.Tushar Kumar JUSTICE ANOOP KUMAR DHAND Order 28/11/2025 1. The instant criminal misc. petition has been preferred for quashing of the impugned proceedings of Criminal Case No.32470/2024, arising out of the FIR No.528/2023 registered at the Police Station Malviya Nagar, District Jaipur City (East) for the offence under Sections 406, 420, 467, 468, 471 & 120-B IPC, pending before the Court of Additional Chief Judicial Magistrate No.4, Jaipur Metropolitan-I, Jaipur on the basis of compromise between the parties. [2025:RJ-JP:48514] (2 of 3) [CRLMP-7210/2025] 2. Learned counsel for the petitioners submits that the petitioners are facing trial for the offences under Sections 420, 406 and 120-B IPC before the Trial Court and the complainant has submitted an application for compounding all the offences. However, the trial Court has only granted permission for compounding the offences under Sections 420 & 406 IPC and the permission for compounding the offence under Section 120-B IPC has been declined by the trial Court, on the ground that the same is not compoundable and now, the complainant does not wish to prosecute the petitioners. 3. Learned counsel for the petitioners has placed reliance upon the judgments passed by the 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. 4. Per contra, learned Public Prosecutor opposes the arguments raised by counsel for the petitioners. 5. In view of the aforesaid compromise and the situations narrated hereinabove and looking to the fact that the compromise has arrived at between the parties, and also applying the principles laid down by the Apex Court in the case 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. 6. Accordingly, the instant criminal misc. petition stands allowed. The petitioners are discharged from the charge under Section 120-B IPC. The proceedings of Criminal Case No.32470/2024 arising out of the FIR No.528/2023 registered at [2025:RJ-JP:48514] (3 of 3) [CRLMP-7210/2025] Police Station Malviya Nagar, District Jaipur City (East) pending before the Court of Additional Chief Judicial Magistrate No.4, Jaipur Metropolitan-I are quashed. 7. The stay application and all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /52