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2025 DAILYLAW 5212 (RAJ)

AMIT KUMAR SOGANI SON OF SHRI HEMANT KUMAR SOGANI v. STATE OF RAJASTHAN

CRLMP/635/2025 · 2025-05-30

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:22795] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 635/2025 Amit Kumar Sogani Son Of Shri Hemant Kumar Sogani, Resident Of 153, Mahaveer Nagar-2, Maharani Farm, Durgapura, Jaipur (Raj). ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Shankar Lal Jat Son Of Shri Kishan Lal Jat, Resident Of Village Totoli, Police Station Chaksu, District Jaipur South (Raj). At Present R/o 59 B -2, S.m.s. Colony, Maharani Farm, Jaipur, Police Station Shipra Path, Jaipur (Raj). ----Respondents For Petitioner(s) : Ms. Banshidhar Badaya for Mr. Mahesh Gupta For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP with Ms. Arti Sharma, Dy. G.A. Mr. Jitendra Choudary for complainant HON'BLE MR. JUSTICE SAMEER JAIN Judgment 30/05/2025 1. This petition under Section 528 of BNSS is filed, with a prayer to quash the FIR No. 246/2020 registered at Police Station Shipra Path District Jaipur City South (Raj.) for offences under Sections 420, 467, 468, 471 and 120B of IPC, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute. 2. Learned counsel for both the parties, in presence of their respective clients, have submitted that the dispute at hand is inter-se private in nature, which has been resolved by the parties amicably. [2025:RJ-JP:22795] (2 of 2) [CRLMP-635/2025] 3. Heard and considered. 4. At the outset, this Court deems it appropriate to place reliance upon the judgment passed by the Hon’ble Apex Court in Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] and Ramgopal Vs. The State of Madhya Pradesh reported in [2022 (14) SCC 531], relevant portion of which is reproduced below: “12. The High Court, therefore, having regard to the nature of the offence and the fact that parties have amicably settled their dispute and the victim has willingly consented to the nullification of criminal proceedings, can quash such proceedings in exercise of its inherent powers under Section 482 Cr.P.C., even if the offences are non- compoundable.” 5. In view of the position of law laid down by the Hon’ble Apex Court in aforementioned case, and considering the personal nature of dispute, which has been amicably settled between parties, this Court deems it just and proper to allow the present misc. petition. Compromise is taken on record. 6. Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No. 246/2020 registered at Police Station Shipra Path District Jaipur City South (Raj.) with all consequential proceedings, are hereby quashed and set aside. 7. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of. (SAMEER JAIN),J Pooja /280