Rajasthan High Court – Jodhpur
Sonal Jorihar vs State Of Rajasthan (2025:Rj-Jd:36338) on 13 August, 2025
[2025:RJ-JD:36338] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6697/2025 1. Sonal Jorihar D/o Sh. Biresh Prasad, Aged About 42 Years, R/o Opposite District Magistrates Residence, Near Pratap Circle, Pratapnagar, Chittorgarh (Raj) 2. Biresh Prasad S/o Late R.p. Sinha, Aged About 73 Years, R/o Opposite District Magistrates Residence, Near Pratap Circle, Pratapnagar, Chittorgarh (Raj) 3. Sonit Prasad S/o Sh Biresh Prasad, Aged About 40 Years, R/o Opposite District Magistrates Residence, Near Pratap Circle, Pratapnagar, Chittorgarh (Raj) 4. Rohit Jorihar S/o Sh.biresh Prasad, Aged About 40 Years, R/o Opposite District Magistrates Residence, Near Pratap Circle, Pratapnagar, Chittorgarh (Raj) ----Petitioners Versus 1. State Of Rajasthan, Through Pp 2. Jay Yadav S/o Shri Harmesh Yadav, Resident Of Civil Lines, Churu, Police Station Kotwali, District Churu, Rajasthan ----Respondents For Petitioner(s) : Mr. Pravin Vyas For Respondent(s) : Mr. Shreeram Choudhary, PP Mr. K.S. Lodha HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
13/08/2025
1. Instant Criminal Misc. Petition under Section 528 of
BNSS/482 of Cr.P.C. for quashing of F.I.R. No.327/2024 lodged at
Police Station Sadar Chittorgarh, District Chittorgarh, and all
consequential proceedings for offences under Sections 308(2),
316(2), 318(4), 338, 336(3), 340(2) and 61(2)(a) of BNS.
(Downloaded on 15/08/2025 at 10:26:02 PM)
[2025:RJ-JD:36338] (2 of 2) [CRLMP-6697/2025]
2. Learned counsel for the petitioners submits that the matter
has already been compromised between the parties as is borne
out from the compromise-deed annexed with this petition. In view
thereof, respondent No.2 – complainant is not inclined to press
charges against the petitioners and proceed further in the matter.
Learned counsel has placed reliance on a decision of Supreme
Court in the case of Gian Singh Vs. State of Punjab & Anr.
[(2012) 10 SCC 303]. He urges that the impugned FIR and all
consequential proceedings may be quashed on the basis of
compromise.
3. Learned counsel for the respondents No.2 – complainant and
learned Public Prosecutor concur with the fact of compromise and
submit that in view of the compromise, they have no objection if
the FIR in question is quashed.
4. In the premise, applying the ratio in decision of Gian Singh
(Supra), I deem it just and proper to invoke inherent powers of
this Court under Section 528 of BNSS, 2023 (Section 482 Cr.P.C)
to avoid undue hardship to the parties.
5. Accordingly, the present misc. petition is allowed and the
F.I.R. No.327/2024 lodged at Police Station Sadar Chittorgarh,
District Chittorgarh, and all consequential proceedings for offences
under Sections 308(2), 316(2), 318(4), 338, 336(3), 340(2) and
61(2)(a) of BNS against the petitioners are hereby quashed.
6. Pending applications, if any, stand disposed of.
(MUKESH RAJPUROHIT),J
327-mSingh/-
(Downloaded on 15/08/2025 at 10:26:02 PM)
Powered by TCPDF (www.tcpdf.org)