Rajasthan High Court – Jodhpur
Veena Rathore vs State Of Rajasthan (2025:Rj-Jd:36662) on 14 August, 2025
[2025:RJ-JD:36662] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6563/2025 Veena Rathore W/o Mahender Singh, Aged About 48 Years, R/o Near Jorawar Singh Gate Jaipur District Jaipur Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Chandraprakash Jain S/o Hajari Ram, R/o Ward No 13 Durga Colony Tehsil And District Hanumangarh Raj. ----Respondents For Petitioner(s) : Mr. Jitendra Singh Khichi For Respondent(s) : Mr. Narendra Singh Chandawat, Public Prosecutor HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
14/08/2025
1. The instant criminal misc. Petition has been filed under
Section 482 Cr.PC for quashing of entire proceedings in Criminal
Case No.669/2015 pending in the Court of Additional Chief Judicial
Magistrate, Hanumangarh, Hanumangarh arising out of FIR
No.538/2015, registered at Police Station Hanumangarh Town,
District Hanumangarh for the offences under Sections 420, 467,
2. It is submitted by learned counsel for the petitioner that the
dispute in between the parties has been resolved through an
amicable settlement on 12.03.2025 and now, there remains no
controversy in between them and the parties do not wish to
continue the criminal proceedings further.
3. Learned Public Prosecutor has opposed the petition.
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4. Heard, perused the material available on record more
particularly the police report, nature of allegation and the
compromise deed executed in between the parties. The parties to
the lis have resolved their dispute amicably and do not wish to
continue the criminal proceedings and have jointly prayed for
quashing of the same. Some of the offence alleged in this matter
are non-compoundable, however, Hon’ble Supreme Court in the
case of Gian Singh Vs. State of Punjab [(2012) 10 SCC 303]
has propounded that if it is convinced that offences are entirely
personal in nature and do not affect the public peace or tranquility
and where it feels that quashing of such proceedings on account of
compromise would bring about peace and would secure ends of
justice, the High Court should not hesitate to quash the same by
exercising the inherent powers vested in it. It is observed that in
such cases, the prosecution becomes a lame prosecution and
pursuing such a lame prosecution would be a waste of time and
energy that will also unsettle the compromise and obstruct
restoration of peace. This court is aptly guided by the principles
propounded by Hon’ble the Supreme Court and feels that where
the dispute is essentially inter se between the parties, either they
are relatives, neighbours or having business relationship and
which does not affect the society at large, then in such cases, with
a view to maintain harmonious relationships between the two
sides, to end-up the dispute in between them permanently as well
as for restitution of relationship, the High Court should exercise its
inherent power to quash the FIR and all other subsequent
proceedings initiated thereto.
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5. Here in this case, both the parties have submitted
compromise before the learned Trial Court, the Trial Court vide its
order dated 12.03.2025 verified the fact of compromise but not
attested the same. Though some of the offences are not
compoundable but the parties have settled the dispute amicably
and that is essentially in between the parties which is not affecting
public peace and tranquility, therefore, with a view to maintain the
harmony and to resolve the dispute finally in between the parties,
it is deemed appropriate to quash the FIR and all further
proceedings undertaken in pursuance thereof.
6. Accordingly, the criminal misc. petition is allowed and the
further proceedings in Criminal Case No.669/2015 pending in the
Court of Additional Chief Judicial Magistrate, Hanumangarh, and
any other proceedings arising out of FIR No.538/2015 registered
at Police Station Hanumangarh Town, District Hanumangarh qua
the petitioner are hereby quashed and set aside. The accused is
acquitted from the charges and his bail bonds are discharged.
7. The stay petition also stands disposed of.
(MUKESH RAJPUROHIT),J
92-Ramesh/-
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