Ramswaroop Jat S/O Shri Kanaram Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2025)

Ramswaroop Jat S/O Shri Kanaram Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Quashing of FIR No. 267/2021 registered at Police Station Madanganj, District Ajmer, with all consequential proceedings, on the basis of the compromise taken on record; pending application(s) disposed of.

Issue for consideration

Whether the entire criminal proceeding of Criminal Case No.914/2024 (CIS No.2445/2024) arising out of FIR No.267/2021 registered at Police Station Madanganj, District Ajmer, pending for offences under Sections 420, 406, 120-B of IPC and Section 4/5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, can be quashed under Section 528 B.N.S.S. on the basis of the compromise effectuated between the parties in respect of their inter-se dispute.

Court's answer

In view of the legal proposition of law laid down by the Apex Court in the aforementioned cases (Gian Singh; Ramgopal), and considering the personal nature of the dispute, which has been amicably settled between the parties, this Court deemed it just and proper to allow the present miscellaneous petition and took the compromise on record.

Ratio / Principle

FIR No. 267/2021 registered at Police Station Madanganj, District Ajmer, with all consequential proceedings, is hereby quashed and set aside.

Key takeaways

The instant criminal miscellaneous petition is allowed, and pending application(s), if any, stand disposed of.ratio¶29

Detailed headnote1 paragraphs

Petition under Section 528 B.N.S.S. (S.B. Criminal Miscellaneous (Petition) No. 2059/2025, Rajasthan High Court, Jaipur Bench — Justice Sameer Jain, 13/05/2025) filed by accused persons Ramswaroop Jat and Praveen Giri seeking quashing of the entire criminal proceeding of Criminal Case No.914/2024 (CIS No.2445/2024) arising out of FIR No.267/2021 registered at Police Station Madanganj, District Ajmer, pending before the Sr. Civil Judge and Additional Chief Judicial Magistrate No.1, Kishangarh, for offences under Sections 420, 406, 120-B of IPC and Section 4/5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, on the basis of a compromise with respondent Harfool Kumar. Learned counsel submitted that the Trial Court had already recorded the presence of the petitioners and the complainant and had affirmed the compromise for the offence under Section 420 IPC. Reliance was placed on the Apex Court judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303, and Ramgopal v. State of Madhya Pradesh, 2022 (14) SCC 531, wherein it is stated that the High Court, having regard to the amicable settlement between the parties, can quash such proceedings under its inherent powers even where the offences are non-compoundable. Holding the dispute to be in personam/personal in nature and amicably settled, the Court deemed it just and proper to allow the petition, took the compromise on record, and quashed FIR No.267/2021 with all consequential proceedings; pending applications stood disposed of.

[2025:RJ-JP:20067]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 2059/2025

Ramswaroop Jat S/o Shri Kanaram, Aged About 26 Years, R/o Shiv Vihar Bajrang Colony, Ward No. 01, Behind Balaji Mandir, Kishangarh, District Ajmer.

Praveen Giri S/o Shri Arjun Giri, Aged About 31 Years, R/o Prikarma Marg, Badi Basti, Pushkar, District Ajmer.

----Petitioners

Versus

State Of Rajasthan, Through P.p.

Harfool Kumar S/o Bhairuram Sharma, R/o Nogal Ladi, Chandrapur Jatan, Amer, Madanganj, District Ajmer.

----Respondents

For Petitioner(s) : Mr. Akshat Chaudhary For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP with Mr. Tapesh Agarwal, PP Mr. Aditya Sharma

HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

13/05/2025

This petition under Section 528 B.N.S.S. is filed, with prayer to quash the entire criminal proceeding of Criminal Case No.914/2024 (CIS No.2445/2024) arising out of FIR No.267/2021 registered at Police Station Madanganj, District Ajmer presently pending in the court of Sr. Civil Judge and Additional Chief Judicial Magistrate No.1, Kishangarh District Ajmer for offences under Sections 420, 406, 120-B of IPC and Section 4/5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute.

[CRLMP-2059/2025]

[2025:RJ-JP:20067] (2 of 3)

Learned counsel for the petitioners has submitted that learned Trial Court has already recorded the presence of petitioners and complainant and has affirmed the compromise for the offence under Section 420 IPC.

Learned counsel for both the parties have submitted that the instant dispute is in personam in nature and both the parties have settled their disputes amicably.

Heard and considered.

In this regard, 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 the aforesaid is reproduced below:

“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.”

In view of legal proposition of law laid down by the 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.

Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No. 267/2021

(3 of 3)

[2025:RJ-JP:20067]

[CRLMP-2059/2025]

registered at Police Station Madanganj, District Ajmer with all consequential proceedings, is hereby quashed and set aside.

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

(SAMEER JAIN),J

DEEPAK/30