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2025 DAILYLAW 7968 (RAJ)

KHEM SINGH YADAV @ PAHALWAN S/O SHRI NAND KISHORE v. STATE OF RAJASTHAN

CRLMP/1101/2025 · 2025-03-07

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:10445] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1101/2025 Khem Singh Yadav @ Pahalwan S/o Shri Nand Kishore, R/o Kishangarh Bas, Nangal Saliya, Fatiyabad, Alwar. ----Petitioner Versus 1. State Of Rajasthan, Through PP 2. Mohd. Ashraf S/o Shri Jafarulla, R/o 3976, Topkhane Ka Rasta, Chandpole Bazar, Jaipur. 3. Mohd. Faisal S/o Shri Mukram Ali, R/o 3976, Topkhane Ka Rasta, Chandpole Bazar, Jaipur. ----Respondents For Petitioner(s) : Mr. Majhar Hussain For Respondent(s) : Mr. Jaiprakash Tiwari, P.P. Mr. Areef Mohd. Khan with Ms. Soniya Saini HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 07/03/2025 The instant criminal misc. Petition has been filed under Section 528 B.N.S.S. for quashing of F.I.R. No. 12/2025, registered at Police Station Kotwali Jaipur, District Jaipur, for the offence(s) punishable under Section(s) 420, 406, 384, 506 & 120B of I.P.C. It is submitted by learned counsel for the petitioner that the dispute in between the parties has been resolved through an amicable settlement and now, there remains no controversy in between them and the parties do not wish to continue the criminal proceedings further in the matter. [2025:RJ-JP:10445] (2 of 3) [CRLMP-1101/2025] On the other hand, learned counsel appearing for complainant-respondent admits the fact of compromise and submits that the complainant party has no objection if the F.I.R. and the proceedings are quashed on the basis of compromise entered in between the parties. Learned Public Prosecutor has submitted the factual report of investigation No.530 dt.04.03.2025, which is taken on record. As per the factual report, in compliance of the order dated 24.02.2025 passed by this Court, the parties have submitted their compromise before the Investigating Officer concerned, praying for quashing of the entire criminal proceedings initiated in pursuance of the said F.I.R., which has also been verified by the concerned Investigating Officer. Heard learned counsel for the parties and perused the material available on record more particularly the compromise deed executed in between the parties as well as the factual report of investigation. The parties have resolved their dispute amicably and do not wish to continue the criminal proceedings and have jointly prayed for quashing of the same. The offence(s) alleged in this matter is/are non- compoundable, however, Hon’ble Supreme Court in the case of Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] has propounded that if it is convinced that offences are entirely personal in nature and do not affect the public peace or tranquility and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of [2025:RJ-JP:10445] (3 of 3) [CRLMP-1101/2025] justice, the High Court should not hesitate to quash the same by exercising the inherent powers vested in it. Here in this case, though the offence(s) is/are non- compoundable but the parties have settled the dispute amicably and that is essentially in between the parties which is not affecting public peace and tranquility, therefore, with a view to maintain the harmony and to resolve the dispute finally in between the parties, it is deemed appropriate to quash the F.I.R. and all further proceedings undertaken in pursuance thereof. Accordingly, the criminal misc. Petition is allowed and the aforesaid F.I.R. and all proceedings undertaken in pursuance thereof, are hereby quashed and set aside. The stay application also stands disposed of. (VINOD KUMAR BHARWANI),J SAHIL SONI /105