Allowed¶34

Pushkar Saini S/O Makhanlal Saini, v. the State of Rajasthan

Rajasthan HC2 May 2025CRLMP/1999/2025

Case brief

AI extract

What is this about?

Quashing of FIR on compromise — S. 528 BNSS — FIR No.410/2024, P.S. Tijara, District Bhiwadi — offences under BNS Ss. 189(2), 115(2), 126(2), 324(4), 324(5), 308(2) — complainant's signed compromise (Annexure-2) verified by Court on 08.04.2025 — inter-se land dispute with pending civil suit to be withdrawn — private dispute not affecting society at large — reliance on Gian Singh (2012) 10 SCC 303 and Ramgopal 2022 (14) SCC 531 — FIR and consequential proceedings quashed; petition allowed.

What did the court decide?

Criminal miscellaneous petition allowed; FIR No.410/2024 (Police Station Tijara, District Bhiwadi) and all consequential proceedings quashed and set aside on the basis of the inter-party compromise; pending application(s), if any, stand disposed of. ¶34

Pushkar Saini S/O Makhanlal Saini, Vs the State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶34

Issue for consideration

Whether FIR No.410/2024 and the subsequent criminal proceedings against the petitioners can be quashed under Section 528 of BNSS on the basis of the compromise entered between the parties. +1 more

¶26

Court's answer

Placing reliance on Gian Singh (2012) 10 SCC 303 and Ramgopal 2022 (14) SCC 531, this Court deemed it just and proper to allow the present petition on the ground of the compromise entered between the parties.

¶32

Ratio / Principle

The operative considerations were the parties' agreement to compromise (bearing the complainant's signature) and that the dispute between the parties was inter-se and did not affect society at large.

¶29

Key takeaways

FIR No.410/2024 registered at Police Station Tijara, District Bhiwadi, together with all consequential proceedings, is quashed and set aside.ratio¶33

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), S.B. Criminal Miscellaneous (Petition) No. 1999/2025, decided 02/05/2025 by Praveer Bhatnagar, J.: Petition under Section 528 of BNSS by ten accused seeking quashing of FIR No.410/2024 registered at Police Station Tijara, District Bhiwadi for offences under Sections 189(2), 115(2), 126(2), 324(4), 324(5) and 308(2) of BNS, on the basis of a compromise (Annexure-2) signed by respondent No.2/complainant. Counsel for respondent No.2 conceded the compromise; this Court had verified its contents on 08.04.2025 and the complainant admitted entering into it. The underlying land dispute carried a pending civil suit, which the parties agreed to withdraw, agreeing also not to prosecute the petitioners. Holding that the parties had agreed to compromise and the dispute was inter-se without affecting society at large, and placing reliance on Gian Singh (2012) 10 SCC 303 and Ramgopal 2022 (14) SCC 531, the Court allowed the petition, quashed FIR No.410/2024 with all consequential proceedings, and disposed of pending applications.

¶1

[2025:RJ-JP:18647]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous (Petition) No. 1999/2025

¶4

Pushkar Saini S/o Makhanlal Saini, Aged About 43 Years, R/o Hanuman Baghichi Ke Paas, Ward No. 8, Tijara, Rajasthan-301411.

¶5

Kamlesh S/o Raghuveer, Aged About 38 Years, R/o Jain College Ke Paas, Tijara, Rajasthan-301411.

¶6

Sonu S/o Ratan Lal, Aged About 33 Years, R/o Khuntala, Tijara, Rajasthan-301411.

¶7

Ratan S/o Ramchandra, Aged About 60 Years, R/o Khuntala, Tijara, Rajasthan-301411.

¶8

Jaswant Singh S/o Ram Chandra Saini, Aged About 74 Years, R/o Jain College Ke Paas, Tijara, Rajasthan301411.

¶9

Gordhan Saini S/o Radhuvir Saini, Aged About 39 Years, R/o Jain College Ke Paas, Tijara, Rajasthan-301411.

¶10

Subhash Chand S/o Ratan Lal, Aged About 39 Years, R/o Tijara, Alwar, Rajasthan-301411.

¶11

Bharat S/o Ratan Lal, Aged About 33 Years, R/o Khuntala, Tiajra, Rajasthan-301411.

¶12

Prakash Saini S/o Makhanlal Saini, Aged About 39 Years, R/o Hanuman Baghichi Ke Paas, Ward No. 8, Tijara, Rajasthan-301411.

¶13

Sampi Saini S/o Jaswant Singh, Aged About 42 Years, R/o Jain College Ke Paas, Tijara, Rajasthan-301411.

¶14

----Petitioners

¶15

Versus

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The State Of Rajasthan, Through P.p.

¶17

Anil Kumar Mathur S/o Shyamsharan Mathur, Aged About 65 Years, R/o Ward No. 20, Tijara, Bhiwadi, Rajasthan301411.

¶18

----Respondents

¶19

For Petitioner(s)	: Mr.	Gautam Bhadadra, Adv.
For Respondent(s)	: Mr.	Onkar Singh Rajpurohit, PP
For Complainant	: Mr.	Anurag Sharma, Adv.

(2 of 3)

[2025:RJ-JP:18647]

[CRLMP-1999/2025]

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

¶24

Order

¶25

02/05/2025

¶26

The present petition has been filed under Section 528 of BNSS for quashing the FIR No.410/2024, registered at Police Station Tijara, District Bhiwadi for offences under Sections 189(2), 115(2), 126(2), 324(4), 324(5) and 308(2) of BNS, on the basis of compromise entered between the parties vide Annexure-2.

¶27

Learned counsel for Respondent No.2 concedes that the petitioners and respondent No.2 have entered into compromise which bears the signature of respondent No.2-Anil Kumar Mathur vide Annexure-2. It is also contended that on 08.04.2025, this Court verified the contents of the compromise entered between the parties and the complainant admitted the fact of entering into compromise with the petitioners. The dispute between the parties pertains to land for which civil suit is also pending, the parties have agreed upon to withdraw the civil suit and also not to prosecute the present petitioners, therefore, considering the above facts, if the FIR and subsequent proceeding is quashed then the complainant has no objection.

¶28

Learned Public Prosecutor has submitted the factual report, the same is taken on record.

¶29

Heard and perused the material available on record. 5. Considering the fact that the parties have agreed upon to enter into compromise and it bears the signature of the complainant and the dispute between the parties is inter-se and does not affect the society at large, this Court placing reliance upon the judgment passed by the Hon’ble Apex Court in Gian

¶30

[2025:RJ-JP:18647]

¶31

[CRLMP-1999/2025]

¶32

Singh Vs. State of Punjab [(2012) 10 SCC 303] and Ramgopal Vs. The State of Madhya Pradesh reported in 2022 (14) SCC 531 , this Court deems it just and proper to allow the present petition.

¶33

Considering the aforementioned, the present criminal miscellaneous petition is allowed on the ground of compromise entered between the parties and the FIR No.410/2024, registered at Police Station Tijara, District Bhiwadi with all consequential proceedings, are hereby quashed and set aside.

¶34

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

¶35

(PRAVEER BHATNAGAR)J

¶36

Ashwani Kr Srivastava /-206

Pushkar Saini S/O Makhanlal Saini, v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pushkar Saini S/O Makhanlal Saini, v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Cases cited

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