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2025 DAILYLAW 49679 (RAJ)

SANTOSH SHARMA W/O SUSHIL KUMAR SHARMA v. STATE OF RAJASTHAN

CRLMP/5129/2025 · 2025-11-21

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:47217] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5129/2025 1. Santosh Sharma W/o Sushil Kumar Sharma, R/o Plot No. B-66, Arya Nagar Extension Murlipura, Jaipur (West), Rajasthan. 2. Sushil Sharma S/o Shri Sitaram Ji Sharma, R/o 332, J.p. Colony, Near Noorani Masjid Ward No. 66, Shastri Nagar, Jaipur. 3. Nitin Sharma S/o Shri Ramavtar Sharma, R/o 332, J.p. Colony, Near Noorani Masjid Ward No. 66, Shastri Nagar, Jaipur. 4. Khetan Sharma S/o Sushil Sharma, R/o 958, J. P. Colony, Shastri Nagar, Jaipur. ----Petitioners Versus 1. State Of Rajasthan, Through P.p. 2. Mahendra Agarwal S/o Goverdhan, Residing At Plot No. B-77, Arya Nagar Extension, Murlipura, Jaipur (West), Rajasthan. 3. Punit Agarwal S/o Shri Mahendra Agarwal, Residing At Plot No. B-77, Arya Nagar Extension, Murlipura, Jaipur (West), Rajasthan. 4. Nikhil Agrawal S/o Mahendra Agarwal, Residing At Plot No. B-77, Arya Nagar Extension, Murlipura, Jaipur (West), Rajasthan. ----Respondents Connected With S.B. Criminal Miscellaneous (Petition) No. 5136/2025 1. Nikhil Agrawal S/o Mahendra Agrawal, Residing At Plot No. B--77, Arya Nagar Extension, Murlipura, Jaipur (West), Rajasthan. 2. Mahendra Agarwal S/o Goverdhan, Residing At Plot No. B--77, Arya Nagar Extension, Murlipura, Jaipur (West), Rajasthan. 3. Punit Agarwal S/o Shri Mahendra Agarwal, Residing At Plot No. B--77, Arya Nagar Extension, Murlipura, Jaipur (West), Rajasthan. [2025:RJ-JP:47217] (2 of 3) [CRLMP-5129/2025] ----Petitioners Versus 1. State Of Rajasthan, Through P.p. 2. Sushil Sharma S/o Shri Sitaram Ji Sharma, R/o 332, J.p. Colony, Near Noorani Masjid, Ward No. 66, Shastri Nagar, Jaipur. 3. Nitin Sharma S/o Shri Ramavtar Sharma, R/o 332, J.p. Colony, Near Noorani Masjid, Ward No. 66, Shastri Nagar, Jaipur. 4. Khetan Sharma S/o Sushil Sharma, R/o 958, J.p. Colony, Shastri Nagar, Jaipur. 5. Santosh Sharma W/o Sushil Kumar Sharma, R/o Plot No. B-66, Arya Nagar Extension, Murlipura, Jaipur (West), Rajasthan. ----Respondents For Petitioner(s) : Mr.Narendra Kumar Yadav For Respondent(s) : Mr.Amit Punia, PP Mr.Gaurav Singh Tanwar JUSTICE ANOOP KUMAR DHAND Order 21/11/2025 1. By way of filing these criminal misc. petitions, a prayer has been made for quashing of proceedings arising out the of F.I.R. No.276/2025 registered at Police Station Murlipura, District Jaipur (West) under Sections 115(2), 126(2) & 189(2) of BNS, 2023 on the basis of compromise arrived at between the parties. 2. This Court vide order dated 20.08.2025 directed the Investigating Officer to verify the factum of compromise and in pursuance of the aforesaid order, the Investigating Officer has verified the factum of compromise between the parties. [2025:RJ-JP:47217] (3 of 3) [CRLMP-5129/2025] 3. 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 may be quashed. 4. Learned counsel for the respondent-complainants is in agreement with the factum of compromise and states that now the complainant has no objection. 5. Heard and considered the submissions made at Bar and perused the material available on the record. 6. Considering the above verification report so furnished by the SHO Police Station Murlipura, District Jaipur (West) 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. petitions stand allowed. The proceedings arising out of impugned F.I.R. No.276/2025 registered at Police Station Murlipura, District Jaipur (West) against the petitioners stand quashed and set-aside. 9. The stay application and all pending application(s), if any, stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /27-28