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2025 DAILYLAW 6496 (RAJ)

ESS KAY FINCORO LTD. v. STATE OF RAJASTHAN

CRLMP/1330/2021 · 2025-05-07

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:19337] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1330/2021 Ess Kay Fincoro Ltd., Through Its Authorised Signatory Mamta Kanwar Having Its Registered Office At G-1, G-2, New Market, Khasa Kothi Circle, 302001. ----Accused-Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor ----Non-Petitioner/Respondent 2. Prem Singh S/o Shri Kan Singh, R/o Village Sekpura, Police Station Naraina, District Jaipur-303348, Rajasthan ----Complainant/Respondent For Petitioner(s) : Mr. Naman Yadav For Respondent(s) : Mr. Rishi Raj Singh Rathore, P.P. Mr. Manvendra Singh Shekhawat, P.P. Mr. Pankaj Kumar Yadav HON'BLE MR. JUSTICE SAMEER JAIN Judgment 07/05/2025 1. This petition under Section 528 of BNSS is filed, with a prayer to quash the FIR No.39/2021 registered at Police Station Phulera District Jaipur Rural for offences under Section 382 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 i.e., contractual in nature, which has been resolved by the parties amicably. 3. Heard and considered. [2025:RJ-JP:19337] (2 of 2) [CRLMP-1330/2021] 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.39/2021 registered at Police Station Phulera District Jaipur Rural 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 GAURAV/99