[ad_1]
Rajasthan High Court – Jaipur
Ashok Kumar Jain S/O Late Shri Tara Chand … vs State Of Rajasthan (2025:Rj-Jp:16236) on 16 April, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:16236]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2121/2025
1. Ashok Kumar Jain S/o Late Shri Tara Chand Jain, Resident
Of B-87, Ashok Villa, Chatri Yojna, Vaishali Nagar, Ajmer.
2. Smt. Beena Jain W/o Shri Ashok Kumar Jain, Resident Of
B-87, Ashok Villa, Chatri Yojna, Vaishali Nagar, Ajmer.
3. Ashish Jain S/o Shri Ashok Kumar Jain, Resident Of B-87,
Ashok Villa, Chatri Yojna, Vaishali Nagar, Ajmer.
4. Kailash Chauhan S/o Late Shri Sohan Lal Chauhan, R/o
661, Krishna Vihar Colony, Bk Kaul Nagar, Ajmer.
----Petitioners
Versus
1. State Of Rajasthan, Through P.P.
2. Rajesh Kumar Soni S/o Shri Trilok Chand Jain, R/o P-5,
Anted Road, Parshaw Nath Colony, Vaishali Nagar, Ajmer
----Respondents
For Petitioner(s) : Mr. Rahul Agarwal
For Respondent(s) : Mr. Manvendra Singh Choudhary, PP
with Mr. Shree Ram Dhakar, PP
Mr. Kartikay Johary
HON’BLE MR. JUSTICE SAMEER JAIN
Judgment
16/04/2025
1. This petition under Section 528 B.N.S.S. is filed, with prayer
to quash the FIR No.687/2023 registered at Christian Ganj, Ajmer
for offences under Sections 420, 406, 120B of IPC, on the basis of
compromise effectuated between the parties herein, in respect of
their inter-se dispute.
2. Learned counsel for both the parties have submitted that the
instant dispute is in personam in nature and both the parties have
settled their disputes amicably.
(Downloaded on 23/04/2025 at 10:14:37 PM)
[2025:RJ-JP:16236] (2 of 2) [CRLMP-2121/2025]
3. Heard and considered.
4. In this regard, this Court deems it appropriate to place
reliance upon the judgment passed by the Hon’ble Apex Court in
Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] and
Ramgopal Vs. The State of Madhya Pradesh reported in
[2022 (14) SCC 531], relevant portion of the aforesaid is
reproduced below:
“12. The High Court, therefore, having regard to the
nature of the offence and the fact that parties have
amicably settled their dispute and the victim has willingly
consented to the nullification of criminal proceedings, can
quash such proceedings in exercise of its inherent powers
under Section 482 Cr.P.C., even if the offences are non-
compoundable.”
5. In view of legal proposition of law laid down by the Apex
Court in aforementioned case, and considering the personal nature
of dispute, which has been amicably settled between parties, this
Court deems it just and proper to allow the present misc. petition.
Compromise is taken on record.
6. Considering the aforementioned, the present criminal
miscellaneous petition is allowed and the FIR No. 687/2023
registered at Christian Ganj, Ajmer with all consequential
proceedings, is hereby quashed and set aside.
7. Accordingly, the instant petition is allowed. Pending
application(s), if any, stand disposed of.
(SAMEER JAIN),J
DEEPAK/37
(Downloaded on 23/04/2025 at 10:14:37 PM)
Powered by TCPDF (www.tcpdf.org)
[ad_2]
Source link
