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Rajasthan High Court – Jodhpur
Mahesh Kumar vs State Of Rajasthan (2025:Rj-Jd:18004) on 7 April, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:18004]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2762/2025
1. Mahesh Kumar S/o Shri Nathmal Soni, Aged About 50
Years, R/o 1 A /d, Shankar Nagar, Amer Road, Jaipur,
District Jaipur.
2. Vishnu Vaishnav S/o Shri Kailash Vaishnav, Aged About
50 Years, Resident Of A 21, Deep Vihar, Banar Road,
Jhotwara, Jaipur, District Jaipur.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Chandra Prakash Jain S/o Shri Hajarimal Jain, Resident Of
Ward No 13, Durga Colony, Hanumangarh Junction, Tehsil
And District Hanumangarh.
----Respondents
For Petitioner(s) : Mr. Vipin Mankad
For Respondent(s) : Mr. Shriram Choudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
07/04/2025
1. The instant criminal misc. Petition has been filed under
Section 482 Cr.PC for quashing of entire proceedings in
Criminal Case No.669/2015 pending in the Court of
Additional Chief Judicial Magistrate, Hanumangarh,
Hanumangarh arising out of FIR No.538/2015 registered at
Police Station Hanumangarh Town, District Hanumangarh for
the offences under Sections 420, 467, 468, 471A & 120B of
the IPC.
2. It is submitted by learned counsel for the petitioners that the
dispute in between the parties has been resolved through an
amicable settlement and now, there remains no controversy
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[2025:RJ-JD:18004] (2 of 3) [CRLMP-2762/2025]
in between them and the parties do not wish to continue the
criminal proceedings further.
3. Learned Public Prosecutor has opposed the petition.
4. 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. Some of the offence
alleged in this matter are 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
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[2025:RJ-JD:18004] (3 of 3) [CRLMP-2762/2025]
between the two sides, to end-up the dispute in between
them permanently as well as for restitution of relationship,
the High Court should exercise its inherent power to quash
the FIR and all other subsequent proceedings initiated
thereto.
5. Here in this case, both the parties have submitted
compromise before the learned Trial Court, the Trial Court
vide its order dated 11.03.2025 verified the fact of
compromise but not attested the same. 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.
6. Accordingly, the criminal misc. petition is allowed and the
further proceedings in Criminal Case No.669/2015 pending
in the Court of Additional Chief Judicial Magistrate,
Hanumangarh, Hanumangarh and any other proceedings
arising out of FIR No.538/2015 registered at Police Station
Hanumangarh Town, District Hanumangarh are hereby
quashed and set aside. The accused are acquitted from the
charges and their bail bonds are discharged.
7. The stay petition also stands disposed of.
(FARJAND ALI),J
88-Samvedana/-
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