Rajasthan High Court – Jodhpur
Seema Soni vs State Of Rajasthan (2025:Rj-Jd:13451) on 10 March, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:13451]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3411/2024
1. Seema Soni W/o Sh. Jai Ganesh Soni, Aged About 42
Years, R/o House No. Rd-21, Ridhi Sidhi Ii,
Sriganganagar.
2. Om Prakash Soni S/o Sh. Ganesh Mal Soni, Aged About
58 Years, R/o Main Bazar, In Front Of Sunita Medical,
Bikaner.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Jitendra Nagpal S/o Sh. Dharam Chand Nagpal, R/o
House No. 146, Gandhi Nagar, Sriganganagar.
----Respondents
For Petitioner(s) : Mr. Himmat Jagga
For Respondent(s) : Mr. N.S. Chandawat, Dy.G.A.
Mr. Shardul Singh
HON'BLE MR. JUSTICE FARJAND ALI
Order
10/03/2025
1. The instant criminal misc. Petition has been filed under
Section 482 Cr.PC for quashing of FIR No.243/2024 registered at
Police Station Kotwali, District Srigangangar for the offence under
Sections 406, 420, 467, 468, 471 and 384 of IPC.
2. 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.
3. Learned counsel appearing for complainant-respondent
admits the fact of compromise and submits that he is willing if the
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FIR and the proceedings are quashed on the basis of compromise
entered in between the parties.
4. Learned Public Prosecutor has opposed the petition.
5. Heard, perused the material available on record more
particularly the police report, nature of allegation and the
compromise deed executed in between the parties. The parties to
the lis 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 alleged in this matter is 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
justice, the High Court should not hesitate to quash the same by
exercising the inherent powers vested in it. It is observed that in
such cases, the prosecution becomes a lame prosecution and
pursuing such a lame prosecution would be a waste of time and
energy that will also unsettle the compromise and obstruct
restoration of peace. This court is aptly guided by the principles
propounded by Hon’ble the Supreme Court and feels that where
the dispute is essentially inter se between the parties, either they
are relatives, neighbours or having business relationship and
which does not affect the society at large, then in such cases, with
a view to maintain harmonious relationships between the two
sides, to end-up the dispute in between them permanently as well
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as for restitution of relationship, the High Court should exercise its
inherent power to quash the FIR and all other subsequent
proceedings initiated thereto.
6. Here in this case, though the offences are not 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 FIR and all further
proceedings undertaken in pursuance thereof.
7. Accordingly, the criminal misc. Petition is allowed and the FIR
mentioned above, and all further proceedings undertaken in
pursuance thereof are hereby quashed and set aside. The accused
are acquitted from the charges and their bail bonds are
discharged.
8. The stay petition as well as pending application, if any, also
stand disposed of.
(FARJAND ALI),J
132-divya/-
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