Rajasthan High Court – Jodhpur
Hitesh Upadhayay vs State Of Rajasthan (2025:Rj-Jd:26250) on 28 May, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:26250]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4410/2025
1. Hitesh Upadhayay S/o Devi Lal, Aged About 35 Years,
Resident Of Power House Ke Upar, Sukhadiya Nagar,
Nathdwara, Dist.- Rajsamand.
2. Shivnarayan Mali S/o Indar Lal Mali, Aged About 32 Years,
Resident Of Bagol Ki Badiya, Nathdwara, Dist.-
Rajsamand.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Shri Mahesh Kumar Balai S/o Nathu Lal Meghwal,
Resident Of Gunjol, Dist.- Rajsamand.
----Respondents
For Petitioner(s) : Mr. Harshit Yadav (through VC)
For Respondent(s) : Mr. Narendra Singh Chandawat, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
28/05/2025
The instant criminal misc. petition under Section 528 BNSS
has been filed by the petitioners seeking quashing of the FIR
No.228/2024 registered at Police Station Shreenathji Mandir,
District Rajsamand, for the offences under Sections 333, 126(2),
115(2), 351(2), 351(3), 352 of IPC and Sections 3(1)(r), 3(1)(s)
and 3(2)(va) of IPC.
Learned counsel for the petitioners submitted that the
parties have settled their disputes and have arrived at a
compromise.
Learned counsel for the petitioners has placed reliance on a
decision of Hon’ble the Supreme Court in the case of Gian Singh
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[2025:RJ-JD:26250] (2 of 2) [CRLMP-4410/2025]
Vs. State of Punjab & Anr. reported in (2012)10 SCC 303].
He therefore prayed that the impugned FIR may kindly be
quashed.
Learned counsel for the complainant concurs 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), this Court
deems it just and proper to invoke its inherent powers under
Section 528 BNSS
Accordingly, the present misc. petition is allowed. The FIR
No.228/2024 registered at Police Station Shreenathji Mandir,
District Rajsamand, for the offences under Sections 333, 126(2),
115(2), 351(2), 351(3), 352 of IPC and Sections 3(1)(r), 3(1)(s)
and 3(2)(va) of IPC and all subsequent proceedings sought to be
taken thereunder against the petitioners, are quashed.
(KULDEEP MATHUR),J
103-divya/-
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