OM PRAKASH BABARIYA SON OF SHRI THAKUR SINGH BABARIYA, v. STATE OF RAJASTHAN
CRLMP/2161/2026 · 2026-06-29
Anil Kumar Upman
Transfer Petitionbody2026
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[ 2026 DAILYLAW 9712 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9712 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:23796] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2889/2026 URN: CRLMP / 6555U / 2026 Roshansingh S/o Late Narayan Singh, R/o Neta Wali Dhani, Ward No. 2, Kishangarh Renwal, Police Station Renwal, At Present House No. 58, Vijay Nagar, Benad Road, Daulatpura, Police Sta- tion Harmada, District Jaipur. ( At Preset Confined At Sub Jail, Sambharlake). ----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Harpal Singh S/o Shri Darshan Singh, R/o 6 Apm, Police Station Anoopgarh, District Ganganagar, At Present Wa- heguru Furniture, Karand Road, Kishangarh Renwal, Dis- trict Jaipur, Rajasthan. ----Respondents Connected With S.B. Criminal Miscellaneous (Petition) No. 2161/2026 URN: CRLMP / 4925U / 2026 Om Prakash Babariya Son Of Shri Thakur Singh Babariya, Aged About 25 Years, R/o Kishangarh- Renwal, P.s. Renwal District Jaipur. ----Petitioner Versus
1. State Of Rajasthan, Through PP
2. Harpal Singh Son Of Darshan Singh, R/o Presently 6 Apm, Anupgarh, Ganga Nagar, Rajasthan Permanent R/o Karad Road, Vaheguru Furniture, K.l Renwal, District Jaipur Ru- ral. ----Respondents S.B. Criminal Miscellaneous (Petition) No. 2888/2026 URN: CRLMP / 6552U / 2026 Dharti Singh Alias Gograj Son Of Narayan Lal, Resident Of Net- wali Dhani Ten Renwal, Police Station Renwal, District Jaipur. ( At Present Accused In Sub- Jail Sambhar Lake Distt. Jaipur). ----Petitioner Versus
1. State Of Rajasthan, Through PP
2. Harpal Singh Son Of Darshan Singh, R/o 6Apem Anup- garh, District Ganganagar, Rajasthan At Present R/o Va- heguru Furniture, Karad Road Renwal, District Jaipur Ru- ral, Rajasthan. ----Respondents For Petitioner(s) : Mr. Naqvi Sehban Najib Sabiha Mr. N.K. Meena Mr. Rajneesh Gupta For Respondent(s) For Complainant(s) : : Mr. Amit Gupta, PP Mr. Sudhir Shukla
[2026:RJ-JP:23796] (2 of 3) [CRLMP-2889/2026] HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 29/06/2026
1. By way of these criminal misc. petitions under Section 528 of BNSS, the accused-petitioners have approached this Court with a prayer to quash the FIR No.47/2026 registered at Police Station Renwal, District Jaipur Rural (Rajasthan) for offences punishable under Sections 61(2), 111(3), 316(2), 318(4), 351(2) & 308(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 along with all the consequent proceedings arising therein, on the basis of compromise arrived at between the parties.
2. Complainant is present in person and he has duly been identified by his counsel.
3.
Learned counsel for the petitioners submit that parties have resolved their dispute amicably. It is submitted that a written compromise was submitted by the parties before the learned trial Court. It is submitted that the learned trial Court partly allowed the said application vide order dated 22.06.2026 and accepted the compromise only to the extent of offences punishable under Sections 316(2), 318(4) & 351(2) of the BNS, 2023. Counsel submit that the complainant was also examined during the course of trial wherein he did not support the prosecution case and he has been declared hostile by the prosecution. Counsel submit that due to compromise, further proceedings in the matter are fruitless and continuation thereof would be a futile exercise and a waste of precious judicial time and resources. Therefore, it is prayed that
[2026:RJ-JP:23796] (3 of 3) [CRLMP-2889/2026] the aforesaid FIR along with all the consequent proceedings may be quashed in view of compromise arrived at between the parties.
4. Learned Public Prosecutor and learned counsel for the complainant do not dispute the factum of compromise.
5. In view of the aforesaid and considering the submissions advanced on behalf of the respective parties, the material made available for perusal, especially 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 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 Lal & Ors. reported in AIR 1992 SC 604, and as such, the aforesaid FIR is liable to be quashed in view of compromise arrived at between the parties.
6. In view of the above, these Criminal Misc. Petitions are allowed and the FIR No.47/2026 registered at Police Station Renwal, District Jaipur Rural (Rajasthan), along with all the consequent proceedings are hereby quashed and set aside. Consequence to follow.
7. The stay application and pending application(s), if any, also stand disposed of.
(ANIL KUMAR UPMAN),J GAUTAM JAIN/290-292