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2025 DAILYLAW 9596 (RAJ)

LAKHPAT S/O BHAROSI v. STATE OF RAJASTHAN

CRLMP/1469/2023 · 2025-07-18

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:26974] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1469/2023 Lakhpat S/o Bharosi, Aged About 30 Years, R/o Village- Sop, P.s.- Nadoti, Distt- Karauli, Raj. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Ramkhiladi @ Pappu S/o Nangya, Aged About 50 Years, R/o Village Sewa, Wazirpur, P.s. Wazirpur, Distt. Sawaimadhopur, Raj. ----Respondents For Petitioner(s) : Mr. Anirudh Sharma Mr. Harshh Saraswat for Mr. S. C. Gupta For Respondent(s) : Mr. M. S. Shekhawat, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 18/07/2025 1. This petition under Section 528 of BNSS, 2023 is filed with a prayer to quash the FIR No. 07/2023 registered at Police Station Wazirpur District Sawaimadhopur for offences under Sections 498A, 406 and 323 IPC of IPC, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute. 2. Learned counsel for the petitioner, in tandem, with the learned Public Prosecutor has submitted that the parties without any coercion or influence have entered into a compromise, the fact of which has been verified by the learned trial Court. Hence, both the parties have jointly agreed for quashing the impugned FIR and any further proceedings, arising therefrom. [2025:RJ-JP:26974] (2 of 2) [CRLMP-1469/2023] 3. Heard and considered. 4. At this juncture, this Court deems it appropriate to place reliance upon the dictum of the Hon’ble Apex Court enunciated in Jasmair Singh Vs. State of Haryana [(2022) 9 SCC 73] and Gian Singh Vs. State of Punjab [(2012) 10 SCC 303], wherein, it was held that a case was eminently suitable to be considered for exercise of jurisdiction under Section 528 of BNSS for quashing of criminal proceedings, if the parties have buried the hatchet and decided to give quietus to the proceedings, which were lodged inter se against one another. 5. In view of the said legal position, laid down by the Hon’ble Apex Court in aforementioned cases, and considering the fact that the dispute deals in personam and has amicably been settled between/by the parties, this Court deems it appropriate to allow the present misc. Petition. The compromise is taken on record. 6. Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No. 07/2023 registered at Police Station Wazirpur District Sawaimadhopur with all consequential proceedings, is hereby quashed and set aside. 7. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of. (SAMEER JAIN),J Pooja /151