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2026 DAILYLAW 11231 (RAJ)

NETRAM GURJAR S/O AMAR SINGH GURJAR v. STATE OF RAJASTHAN

CRLMP/4438/2026 · 2026-07-21

Anil Kumar Upman

body2026

Judgment text

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[2026:RJ-JP:28082] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4438/2026 URN: CRLMP / 10117U / 2026 Netram Gurjar S/o Amar Singh Gurjar, R/o Kheda Kalyanpur, Police Station Kherli Ganj, District Alwar. ----Petitioner Versus 1. State of Rajasthan through Public Prosecutor 2. Dheeraj Singh S/o Birender Singh, R/o Sanapa Kheda, Moosanagar, Ram Bai Nagar, Uttar Pradesh, Presently R/o Gali No. 3, Sector 44, Vileja, Noida Sector 39, Gautam Buddha Nagar, Uttar Pradesh ----Respondents For Petitioner(s) : Mr. Chandra Shekhar For Respondent(s) For Complainant(s) : : Mr. Vivek Choudhary, PP with Mr. Shubham Sain, AAAG Mr. Aditya Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 21/07/2026 1. By way of this criminal misc. petition under Section 528 of BNSS, the accused-petitioner has approached this Court with a prayer to quash the FIR No.138/2026 registered at Police Station Jamdoli, District Jaipur City (East) for offences punishable under Sections 318(4) & 61(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that petitioner is not named in the FIR and he has been made accused in this case on the basis of police interrogation of the co-accused. [2026:RJ-JP:28082] (2 of 3) [CRLMP-4438/2026] Counsel further submits that the complainant also filed an affidavit with regard to the fact that petitioner was not involved in the alleged crime and the affidavit is annexed with the petition. Counsel submits that parties have settled their dispute amicably and have entered into the compromise and now, complainant of this case does not want to prosecute the petitioner. Counsel submits that on account of compromise, further proceedings in the impugned FIR qua the petitioner are fruitless and continuation thereof would be a futile exercise and a waste of precious judicial time and resources. 3. Learned Public Prosecutor places factual report dated 20.07.2026 received from SHO, Police Station Jamdoli, District Jaipur City (East). According to which, dispute has been resolved between the parties amicably and there are no criminal antecedents against the petitioner. The said report is taken on record. 4. Learned counsel for the complainant does not dispute the factum of compromise. He submits that complainant has no objection if the impugned FIR is quashed against the petitioner. 5. In view of the aforesaid and considering the submissions made on behalf of the respective parties; the material made available for perusal; considering the fact that parties have resolved their dispute amicably and also finding that the present case is wholly covered by the principle of law laid down by the Hon’ble Supreme Court in the case of Gian Singh versus State of Punjab & Anr. reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. versus Choudhary Bhajan [2026:RJ-JP:28082] (3 of 3) [CRLMP-4438/2026] Lal & Ors. reported in AIR 1992 SC 604, the impugned FIR is liable to be quashed in view of compromise arrived at between the parties. 6. In view of the above, this Criminal Misc. Petition is allowed and the FIR No.138/2026 registered at Police Station Jamdoli, District Jaipur City (East) along with subsequent proceedings, is quashed and set aside qua the petitioner. Consequence to follow. 7. Stay application and pending application(s), if any, also stand disposed of. (ANIL KUMAR UPMAN),J 138/LALIT MOHAN