Allowed

Pawan @ Pankhya S/O Suresh, v. State of Rajasthan

Rajasthan HC1 Oct 2024CRLMP/6536/2024

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 528 BNSS to quash an FIR alleging cheating and forgery. The dispute was found to be inter-se and amicably settled. Reliance was placed on Supreme Court precedents to allow quashing despite non-compoundable nature of offences.

What did the court decide?

FIR No.0382/2024 registered at Police Station Kotputli, Behror and all consequential proceedings are quashed and set aside.

Pawan @ Pankhya S/O Suresh, Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2024)

¶1

[2024:RJ-JP:41807]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous (Petition) No. 6536/2024

¶4

Pawan @ Pankhya S/o Suresh, Aged About 23 Years, R/o Nangal Panditpura, Police Station Kotputli, District Kotputli Behror, Rajasthan. (At Present Confined In Sub Jail Kotputli).

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through P.p.

¶8

Dharmendra Singh S/o Dara Singh, R/o Lal Kothi, Aau Gate, Deeg, District Deeg.

¶9

----Respondents

¶10

For Petitioner(s)	: Mr. Sumer Singh Ola
For Respondent(s)	: Mr. Manvendra Singh Shekhawat with Mr. Rishi Raj Singh Rathore, PP
For Respondent-	Mr. Pallav Choudhary
Complainant

¶11

HON'BLE MR. JUSTICE SAMEER JAIN Order

¶12

01/10/2024

¶13

This petition under Section 528 of BNSS is filed, with a prayer to quash the FIR No.0382/2024 registered at Police Station-Kotputli, Behror for offences under Sections 420, 406 and 427 of IPC, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute.

¶14

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.

¶15

Heard and considered.

¶16

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

(2 of 2)

[2024:RJ-JP:41807]

[CRLMP-6536/2024]

Ramgopal Vs. The State of Madhya Pradesh reported in [2022 (14) SCC 531], relevant portion of which is reproduced below:

¶21

“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 noncompoundable.”

¶22

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

¶23

Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No.0382/2024 registered at Police Station-Kotputli, Behror with all consequential proceedings, are hereby quashed and set aside.

¶24

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

¶25

(SAMEER JAIN),J

¶26

Sunita/37

Pawan @ Pankhya S/O Suresh, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pawan @ Pankhya S/O Suresh, 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

Hari Prasad Son of Shri Chajuram, Vs State of Rajasthan

Banwari Goutam S/O Late Bhagwan Swaroop Vs State of Rajasthan

Sanjay Meena S/O Prahlad Meena, Vs State of Rajasthan

Pawan Kumar Son of Shri Ramesh Chand Jangid Vs State of Rajasthan

Bhupendra Singh S/O Shree Amar Singh, Vs Rajnish Chauhan S/O Shree Tejpal Singh

Khurshid Khan Juharu Khan Vs Manish Kumar Khandelwal S/O Bhagwat Prasad Khandelwal