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2025 DAILYLAW 8596 (RAJ)

ANOOP KULHARI S/O RAKESH CHAND v. THE STATE OF RAJASTHAN

CRLMP/1184/2025 · 2025-02-27

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:8658] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1184/2025 1. Anoop Kulhari S/o Rakesh Chand, Aged About 25 Years, R/o Kulhariyo Ki Dhani Bysau District - Jhunjhunu. 2. Virendra Singh S/o Prabhu Singh, Aged About 25 Years, R/o Bhojasar Ps Mandawa District- Jhunjhunu. 3. Amit Rajoriya S/o Sheeshram, Aged About 24 Years, R/o Gudagaudji District- Jhunjhunu. ----Petitioners Versus 1. The State Of Rajasthan, Through P.P. 2. Navroop Singh S/o Daljeet Singh, Aged About 21 Years, R/o 14, Rb, Ps- Gajsinghpur District Ganganagar, Presently R/o House No. 303 Shanti Nagar-B, P.s. Mansarovar, District Jaipur. ----Respondents For Petitioner(s) : Mr. Martand Pratap Singh For Respondent(s) : Mr. Jaiprakash Tiwari, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 27/02/2025 The instant criminal misc. petition has been filed under Section 528 B.N.S.S. by the petitioners for quashing of entire proceedings of Sessions Case No.10/2015 (10/2016) titled as State v. Anoop Kulhari & Ors. arising out of F.I.R. No.386/2013, registered at Police Station Mansarovar, District Jaipur City (East), for the offence(s) punishable under Section(s) 341, 323, 379, 427, 452 & 143 I.P.C. It is submitted by learned counsel for the petitioners 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 [2025:RJ-JP:8658] (2 of 3) [CRLMP-1184/2025] proceedings further. Learned counsel further submits that the parties moved a compromise application before the learned Trial Court for attesting the compromise for the offence(s) under Section(s) 323, 341, 325, 427 & 459/34 I.P.C.. Learned Trial Court, vide its order dated 27.01.2025, had attested the compromise & acquitted the petitioners for the offences punishable under Sections 323, 341, 325 & 427 I.P.C. but kept pending the trial for the offence under Section 459/34 I.P.C., as the same is non-compoundable. Learned Public Prosecutor has opposed the submissions made herein-above. Heard learned counsel for the parties and perused the material available on record more particularly the compromise deed executed between the parties. 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 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 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 said offence is non- compoundable, but the parties have settled the dispute amicably and that is essentially in between the parties which is not affecting [2025:RJ-JP:8658] (3 of 3) [CRLMP-1184/2025] 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 miscellaneous Petition is allowed and the aforesaid F.I.R. & all further proceedings including the proceedings pending in the Court of learned Special Judge, Printing & Stationery Embezzlement Case, Jaipur in Sessions Case No. 10/2015 (10/2016), are hereby quashed & set aside. The stay application also stands disposed of. (VINOD KUMAR BHARWANI),J SAHIL SONI /42