Rajasthan High Court – Jaipur
Jitendra Nath S/O Ramsevak Nath vs State Of Rajasthan (2025:Rj-Jp:17647) on 25 April, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:17647]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2097/2025
1. Jitendra Nath S/o Ramsevak Nath, Aged About 31 Years,
R/o Jogiyo Ka Nada Thasil Kishangarh District Ajmer,
Rajasthan.
2. Sanjay Nath S/o Hanuman Nath, Aged About 20 Years,
R/o Jogiyo Ka Nada Thasil Kishangarh District Ajmer,
Rajasthan.
3. Mohit Nath S/o Nathu Nath, Aged About 16 Years,
Through Natural Guardian Father Nathu S/o Narayan Nath
Age About 48 Years R/o Jogiyo Ka Nada Thasil Kishangarh
District Ajmer Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Jitendra Nath @ Jitunath S/o Kailash Nath, Aged About 24
Years, R/o Jogiyo Ka Nada Thasil Kishangarh District
Ajmer Rajasthan
----Respondents
For Petitioner(s) : Mr. Pradeep Sharma
For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP
with Mr. Rishi Raj Singh Rathore, PP
Mr. Mahesh Gurjar
HON’BLE MR. JUSTICE SAMEER JAIN
Judgment
25/04/2025
1. This petition under Section 528 B.N.S.S. is filed, with prayer
to quash the FIR No.47/2025 registered at Police Station
Kishangarh District Ajmer for offences under Sections 140(3),
127(2), 115(2), 352, 134, 110 of B.N.S., on the basis of
compromise effectuated between the parties herein, in respect of
their inter-se dispute.
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2. Learned counsel for the petitioners has submitted that the
record of criminal antecedents registered against the petitioners is
ascertained by the factual report and the parties have amicably
decided to put quietus to the dispute inter-se between them.
3. Learned Public Prosecutor has submitted that the injuries as
stated in the FIR are identified to be of simple nature by the
medical expert and the same is noted in the medical examination
report.
4. 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.
5. Heard and considered.
6. 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.”
7. 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
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Court deems it just and proper to allow the present misc. petition.
Compromise is taken on record.
8. Considering the aforementioned, the present criminal
miscellaneous petition is allowed and the FIR No. 47/2025
registered at Police Station Kishangarh District Ajmer with all
consequential proceedings, is hereby quashed and set aside.
9. Accordingly, the instant petition is allowed. Pending
application(s), if any, stand disposed of.
(SAMEER JAIN),J
DEEPAK/97
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