Seema Soni vs State Of Rajasthan (2025:Rj-Jd:13451) on 10 March, 2025

Date:

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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[2025:RJ-JD:13451] (3 of 3) [CRLMP-3411/2024]

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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