Allowed¶22

Mamta Jaiswal Wife of Suresh Chand, v. State of Rajasthan

Rajasthan HC17 Jan 2025CRLMP/203/2025

Case brief

AI extract

What is this about?

S.B. Criminal Miscellaneous Petition 203/2025, Rajasthan High Court Jaipur, Justice Anoop Kumar Dhand, 17/01/2025; FIR No. 171/2015 P.S. Nagar District Bharatpur; Sections 467, 468, 420, 471, 120-B and 191 IPC; charge-sheet Sections 420, 467, 468, 471, 120-B IPC; compromise/settlement between parties; Trial Court order dated 03.12.2019 partly attesting compromise and discharge for Section 420 IPC; non-compoundable offences 467, 468, 471, 120-B IPC; Section 528 B.N.S.S. inherent powers; quashing of proceedings; Gian Singh (2012) 10 SCC 303; Laxmi Narayan (2019) 5 SCC 688; Mamta Jaiswal; Ramavtar Jaiswal; Bhanu Priya.

What did the court decide?

Quashing and setting aside of the proceedings arising out of the impugned FIR No. 171/2015 against the petitioners. ¶22

Mamta Jaiswal Wife of Suresh Chand, Vs State of… — Cheating and Forgery | Rajasthan HC (2025)

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[2025:RJ-JP:2414]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 203/2025

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Mamta Jaiswal Wife of Suresh Chand, R/o Village Pipalu, P.S. Nagar, District Bharatpur (Raj).

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Ramavtar Jaiswal Son of Karan Singh, R/o Village Pipalu, P.S. Nagar, District Bharatpur (Raj).

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----Petitioners

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Versus

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State of Rajasthan, Through P.P.

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Bhanu Priya Wife of Bahadur Singh, R/o Jaluki, P.S. Nagar, District Bharatpur.

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----Respondents

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For Petitioner(s) : Mr. Abhishek Garg For Respondent(s) : Mr. Vivek Choudhary-PP Mr. Ayush Kumar Katara

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JUSTICE ANOOP KUMAR DHAND

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Order

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17/01/2025

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By way of filing of this criminal misc. petition, a prayer has been made for quashing of the entire criminal proceedings arising out of FIR No. 171/2015 registered with Police Station Nagar, District Bharatpur for the offences under Sections 467, 468, 420, 471, 120-B and 191 IPC.

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Counsel for the petitioners submits that after registration of the aforesaid FIR, a charge-sheet was submitted against the petitioners for the offence under Sections 420, 467, 468, 471 and 120-B IPC. Counsel submits that during the pendency of the aforesaid matter, a compromise has been arrived at between the parties and it is borne out from the compromise that the complainant is not inclined to proceed further in the present

[2025:RJ-JP:2414]

[CRLMP-203/2025]

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matter against the petitioners i.e. why an application in this regard was submitted before the Trial Court on 03.12.2019 but the compromise was partly attested with regard to Section 420 IPC vide order dated 03.12.2019 and the petitioners have been discharged from the above charge, however, the Trial Court has declined to verify the compromise as regards to the offence under Sections 467, 468, 471 and 120-B IPC on the ground that said offences are non-compoundable. Learned counsel for the parties are in agreement that the dispute between the parties has been amicably settled and the complainant does not want to pursue the matter and in support of their contentions, they have placed reliance on the decision of the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303 & State of Madhya Pradesh Vs. Laxmi Narayan & Ors ., reported in (2019) 5 SCC 688.

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In view of the aforesaid compromise, arrived at between the parties as well as the order dated 03.12.2019, passed by the Trial Court and also applying the principles laid down by the Apex Court in the case of Gian Singh (supra) and Laxmi Narayan (supra), this Court deems it just and appropriate to invoke the inherent powers of this Court under Section 528 B.N.S.S.

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Accordingly, this criminal misc. petition is allowed and the proceeding arising out of impugned FIR against the petitioners is quashed and set aside.

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Stay application and all pending applications, if any, disposed of.

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(ANOOP KUMAR DHAND),J

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Ashu/26

Mamta Jaiswal Wife of Suresh Chand, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mamta Jaiswal Wife of Suresh Chand, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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What the court decided

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