This order quashes an FIR registered under the Bharatiya Nagarik Suraksha Sanhita on the basis of a verified compromise between the parties, relying on Supreme Court precedents regarding criminal cases involving compromise.
The FIR No.290/2024 for offences under Sections 308(2) and 119(1) BNS is quashed and set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JP:38321]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5968/2024
Garima Choudhary W/o Shri Harish Jat, Aged About 20 Years, R/o Dhani Napali Tehsil And District Neem Ka Thana Rajasthan At Present R/o As A Tenant House No. 54 Vikas Nagar, Joshi Marg Jhotwara, Jaipur.
----Petitioner
| Versus | |
|---|---|
| 1. | State Of Rajasthan, Through P.p. |
| 2. | Kailash Chandra Sharma S/o Shri Kaluram Sharma, R/o |
| Ward No. 12 Village Sinwar, Bindayaka, Jaipur West | |
| Rajasthan. |
----Respondents
| For Petitioner(s) | : Mr. Vinod Kumar Sharma |
|---|---|
| For State | : Mr. Jitendra Singh Rathore, Addl.G.A. |
| For Complainant | : Mr. Prahlad Sharma |
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
10/09/2024
This criminal miscellaneous petition has been filed by the petitioner under Section 528 BNSS for quashing FIR No.290/2024 registered at Police Station Bhankrota, Jaipur City (West) for the offence under Sections 308(2) and 119(1) BNS.
Learned counsel for the petitioner as well as learned counsel for the complainant submitted that a compromise has been arrived between the parties and they have settled their dispute. Original compromise duly signed by the parties has been annexed with the petition.
[2024:RJ-JP:38321]
[CRLMP-5968/2024]
(2 of 2)
The parties are present in the Court today and their signatures have been obtained on the court's order sheet. They have been duly identified by their respective advocates.
Learned Addl.G.A. has opposed the arguments.
Heard learned counsel for both the parties and perused the record.
A perusal of the material on record shows that the dispute between the parties has amicably been settled by them. In view of compromise and the law laid down by the Hon’ble Apex Court of India in cases of Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and Narinder Singh Vs. State of Punjab (2014) 6 SCC 466, this Court deems it just and proper to quash the FIR in question.
Resultantly, this criminal miscellaneous petition is allowed. The FIR No.290/2024 registered at Police Station Bhankrota, Jaipur City (West) for the offence under Sections 308(2) and 119(1) BNS is hereby quashed and set aside.
Pending application(s), if any, stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J
Ritu/35
3 issues framed by the court
Whether the FIR should be quashed in view of the compromise between the parties.
Whether the offence falls within the scope of compounding by compromise under the new criminal law.
Whether the dispute has been amicably settled between the parties.
Colour shows how this judgement treated each authority
Gian Singh Vs. State of PunjabRelied on¶20
Gian Singh Vs. State of Punjab (2012) 10 SCC 303 · Who else cites this
Narinder Singh Vs. State of PunjabRelied on¶20
Narinder Singh Vs. State of Punjab (2014) 6 SCC 466 · Who else cites this
3 provisions across 2 enactments
Garima Choudhary
State Of Rajasthan
Kailash Chandra Sharma
Narendra Singh Dhadha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
