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2025 DAILYLAW 5747 (RAJ)

SITARAM SHARMA S/O CHANDALAL SHARMA v. STATE OF RAJASTHAN

CRLMP/688/2025 · 2025-02-03

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:4570] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 688/2025 1. Sitaram Sharma S/o Chandalal Sharma, Director Nageshwar Developers Private Limited R/o Village Jaisinghpura Lilo Ki Dhani, Police Station Bhankrota, District Jaipur, Rajasthan. 2. Sohanlal Sharma S/o Sitaram Sharma, Director Bheemashanker Land Developers Private Limited, R/o Village Jaisinghpura Lilo Ki Dhani, Police Station Bhankrota, District Jaipur, Rajasthan. ----Petitioners Versus 1. State of Rajasthan, through Public Prosecutor. 2. Uttam Dev Sharma S/o Nathu Lal Sharma, R/o B-72, Mahesh Nagar, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Shailendra Singh For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 03/02/2025 1. This criminal misc. petition has been filed by the petitioners u/S 528 BNSS with a prayer to quash and set aside the FIR No. 522/2024, registered at Police Station Mansarovar, Jaipur City (South) for offences u/S 420, 406, 467, 468, 471 & 120-B IPC. 2. Learned counsel for the accused-petitioners submits that a criminal complaint was filed by the complainant in which allegation have been levelled against the accused-petitioners with regard to some money transaction by playing fraud/cheating in the business of sell/purchase of land. He further submits that the parties have [2025:RJ-JP:4570] (2 of 3) [CRLMP-688/2025] entered into compromise and the complainant also does not want to proceed further in the matter. 3. Learned counsel for the accused petitioners, in support of his submissions, placed reliance upon the judgment in the case of Gian Singh Vs. State of Punjab and Ors.; 2012 (10) SCC 303, wherein the Hon’ble Apex Court has held that High Courts have vast powers under Section 482 of Cr.P.C. to quash the FIR even in non-compoundable offences to secure justice and prevent abuse of process of law. 4. The complainant alongwith his counsel is present in the Court and does not dispute the fact of compromise between the parties. He also submits that he has no objections if the proceedings of the FIR are quashed. 5. The allegations levelled against the accused-petitioners in the present criminal case are in regard to some dispute of money transactions in between both the parties, i.e. accused-petitioners and complainant and there is no third party interested in the matter. Looking to the compromise between the parties, now it will be futile exercise to continue the proceedings of the criminal case because ultimately there are bleak chances of conviction of accused-petitioners. 6. Having regard the submissions made by learned counsel for the petitioners and the order of Hon’ble Supreme Court in the case of Gian Singh (supra) and considering the fact that parties have entered into compromise, this Court, to meet the ends of justice, in the interest of parties, deems just and proper to exercise the inherent jurisdiction vested under Section 528 of BNSS. [2025:RJ-JP:4570] (3 of 3) [CRLMP-688/2025] 7. Accordingly, this misc. petition is allowed. The criminal proceedings of FIR No. 522/2024, registered at Police Station Mansarovar, Jaipur City (South) for offences u/S 420, 406, 467, 468, 471 & 120-B IPC are quashed and set aside. 8. Stay application stands disposed of. (GANESH RAM MEENA),J GAURAV SRIVASTAVA /53