Allowed

Tushar Taluja S/O Shri Subhash Chandra Taluja, v. State of Rajasthan

Rajasthan HC12 Sept 2024CRLMP/5883/2024

Case brief

AI extract

What is this about?

The High Court of Justice quashed four FIRs registered against the petitioner and set aside consequential proceedings under Sections 420, 467, 468, and 471 IPC. The court allowed the petition under Section 528 B.N.S.S. allowing the quashing of the FIRs on the basis of an inter-se compromise regarding a commercial dispute.

What did the court decide?

FIRs No. 324/2024, 310/2024, 325/2024, and 311/2024 and all consequential proceedings are quashed and set aside.

Tushar Taluja S/O Shri Subhash Chandra Taluja, Vs State… — Quashing and FIR | Rajasthan HC (2024)

¶1

[2024:RJ-JP:38917]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous (Petition) No. 5884/2024

¶4

Tushar Taluja S/o Shri Subhash Chandra Taluja, Aged About 38 Years, R/o Taluja Sadan, Punjabi Colony Gangapur City, Police Station And District Gangapur City, At Flat Number- Ug-1, Plot Number 11, Bhagwati Nagar First Kartarpura, Police Station Mahesh Nagar, Jaipur. (At Present- Police Custody).

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through P.P.

¶8

Shri Niraj Gupta S/o Shri Bhagwan Sahay Gupta, R/o House Number 36, Sankla Colony, Barkat Nagar, Jaipur, Rajasthan.

¶9

----Respondents

¶10

Connected With

¶11

S.B. Criminal Miscellaneous (Petition) No. 5883/2024

----Petitioner

Versus

State Of Rajasthan, Through P.P.

¶16

Shri Mudit Mangal S/o Shri Sanjay Mangal, Aged About 35 Years, Plot Number 87, Mojij Colony, Malviya Nagar, Police Station- Malviya Nagar, Jaipur.

¶17

----Respondents

¶18

S.B. Criminal Miscellaneous (Petition) No. 5890/2024

----Petitioner

Versus

State Of Rajasthan, Through P.P.

(2 of 4)

[2024:RJ-JP:38917]

[CRLMP-5884/2024]

Shri Sanjay Mangal S/o Shri K C Mangal, R/o 87, Moji Colony, Malviya Nagar, Jaipur, Rajasthan.

¶27

----Respondents

¶28

S.B. Criminal Miscellaneous (Petition) No. 5893/2024

----Petitioner

Versus

State Of Rajasthan, Through P.P.

¶33

Shri Panakj Kumar Jhawar S/o Shri Ramesh Kumar, Aged About 39 Years, R/o R-9, Ac-02, Lalgarh Pailace, Sector 02, Vidyadhar Nagar, Police Station Vidyadhar Nagar Jaipur.

¶34

----Respondents

¶35

For Petitioner(s)	: Mr. Manoj Singh Chouhan
For State	: Mr. Rishi Raj Singh Rathore, PP with
	Mr. M. S. Shekhawat, PP
For Complainant	: Ms. Ginni Jain

¶36

HON'BLE MR. JUSTICE SAMEER JAIN

¶37

Order

¶38

12/09/2024

¶39

This petition under Section 528 B.N.S.S. is filed with a prayer to quash the following FIRs and the consequential proceedings arising out of them, on the basis of compromise effectuated

¶40

between the parties herein, in respect of their inter-se dispute.

¶41

Sr.	FIR No.	For offences under
No.		Section
1.	FIR No. 324/2024 registered at Police Station Shipra Path District Jaipur City (South)	420, 467, 468, 471 IPC
2.	FIR No. 310/2024 registered at Police	420, 467, 468, 471

(3 of 4)

[2024:RJ-JP:38917]

[CRLMP-5884/2024]

	Station Shipra Path District Jaipur City (South)	IPC
3.	FIR No. 325/2024 registered at Police Station Shipra Path District Jaipur City (South)	420, 467, 468, 471 IPC
4.	FIR No. 311/2024 registered at Police Station Shipra Path District Jaipur City (South)	420, 467, 468, 471 IPC

¶46

When the matter was called today, the parties have marked their presence in the Court (identified by their respective counsel) and have submitted that the instant issue pertains to a commercial dispute. Withal, learned counsel for both the parties have submitted that the dispute at hand is inter-se private in nature, which has been resolved by the parties amicably.

¶47

Heard and considered.

¶48

At the outset, 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 which is reproduced below:

¶49

“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 528 B.N.S.S., even if the offences are noncompoundable.”

¶50

In view of the position of law laid down by the Hon’ble Apex Court in aforementioned case, and considering the personal nature of dispute, which has been amicably settled between parties, this

[CRLMP-5884/2024]

[2024:RJ-JP:38917]

(4 of 4)

Court deems it just and proper to allow the present misc. petitions. Compromise is taken on record.

¶55

Considering the aforementioned, the present criminal miscellaneous petitions are allowed and the abovestated FIRs with all consequential proceedings, are hereby quashed and set aside.

¶56

Accordingly, the instant petitions are allowed. Pending application(s), if any, stand disposed of.

¶57

(SAMEER JAIN),J

¶58

DEEPAK/s-142-145

Tushar Taluja S/O Shri Subhash Chandra Taluja, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Tushar Taluja S/O Shri Subhash Chandra Taluja, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gauri Shankar S/O Shri Brij Kishor B/C Brahmin Vs State of Rajasthan

Kumbho Urf Kunwar Singh S/O Babu Singh, Vs State of Rajasthan

Satveer Singh S/O Shri Dhaniram Gurjar Vs State of Rajasthan

Harish Chand S/O Shri Radhey Shyam Vs State of Rajasthan

Tushar Taluja S/O Shri Subhash Chandra Taluja, Vs State of Rajasthan

Tejram Son of Rattiram, Vs State of Rajasthan