Rajasthan High Court – Jodhpur
Bhawani Shankar vs State Of Rajasthan (2025:Rj-Jd:28111) on 1 July, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:28111]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4574/2025
1. Bhawani Shankar S/o Chhagan Lal Paliwal, Aged About 31
Years, R/o Rud Ki Bhagal, Richhed, Tehsil Charbhuja,
District Rajsamand.
2. Chhagan Lal S/o Mohan Lal Paliwal, Aged About 56 Years,
R/o Rud Ki Bhagal, Richhed, Tehsil Charbhuja, District
Rajsamand.
3. Narbada Devi Spouse/o Chhagan Lal Paliwal, Aged About
55 Years, R/o Rud Ki Bhagal, Richhed, Tehsil Charbhuja,
District Rajsamand.
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Bhavna W/o Bhawani Shankar, D/o Chandra Prakash Ji
Paliwal, R/o Rud Ki Bhagal, Charbhuja, Presently Residing
At Manglam Palace, Ganesh Nagar, Javad, Tehsil And
District Rajsamand.
----Respondents
For Petitioner(s) : Mr. Vikram Singh Jaitawat
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. Omprakash, AGA
Mr. Hitendra Singh for complainant
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
01/07/2025
The instant criminal misc. petition under Section 528 BNSS
has been filed by the petitioners seeking quashing of the FIR
No.111/2024 registered at Police Station Charbhuja, District
Rajsamand for the offences under Sections 376, 511, 498-A, 406,
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[2025:RJ-JD:28111] (2 of 2) [CRLMP-4574/2025]
Learned counsel for the parties submitted that the parties
have amicably settled their disputes and have arrived at a
compromise.
Learned counsel for the petitioner has placed reliance on a
decision of Hon’ble the Supreme Court in the cases of Gian Singh
Vs. State of Punjab & Anr. reported in (2012)10 SCC 303]
and B.S. Joshi Vs. State of Haryana, reported in (2003)4
SCC 675. He therefore prayed that the impugned FIR may kindly
be quashed.
Learned counsel for the complainant concurs with the factum
of compromise and submits that in view of the compromise, the
complainant is not inclined to further prosecute the petitioner.
In view of compromise arrived at between the parties and
applying the ratio in decision of Gian Singh (Supra) and B.S.
Joshi (supra), this Court deems it just and proper to invoke
inherent powers under Section 528 BNSS (482 Cr.P.C).
Accordingly, the present misc. petition is allowed. The FIR
No.111/2024 registered at Police Station Charbhuja, District
Rajsamand for the offences under Sections 376, 511, 498-A, 406,
354 and 323 of IPC and all subsequent criminal proceedings
sought to be taken thereunder against the petitioners, are
quashed.
(KULDEEP MATHUR),J
30-divya/-
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