Ashok Kumar Jain S/O Late Shri Tara Chand Jain, v. State of Rajasthan

Rajasthan HC16 Apr 2025CRLMP/2121/2025

Case brief

AI extract

What is this about?

Quashing of FIR on basis of compromise; Section 528 BNSS petition; FIR No. 687/2023 PS Christian Ganj Ajmer; Sections 420, 406, 120B IPC; non-compoundable offences; inherent powers; Gian Singh v. State of Punjab (2012) 10 SCC 303; Ramgopal v. State of M.P. (2022) 14 SCC 531; in personam dispute; amicable settlement; Rajasthan High Court Jaipur Bench; Sameer Jain J.; S.B. Criminal Misc. Petition No. 2121/2025; decided 16/04/2025; FIR and consequential proceedings quashed.

What did the court decide?

Petition allowed; FIR No. 687/2023 registered at Christian Ganj, Ajmer and all consequential proceedings quashed and set aside; pending application(s), if any, disposed of. ¶¶26

Ashok Kumar Jain S/O Late Shri Tara Chand Jain, Vs… — Cheating and Forgery | Rajasthan HC (2025)

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[2025:RJ-JP:16236]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2121/2025

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Ashok Kumar Jain S/o Late Shri Tara Chand Jain, Resident Of B-87, Ashok Villa, Chatri Yojna, Vaishali Nagar, Ajmer.

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Smt. Beena Jain W/o Shri Ashok Kumar Jain, Resident Of B-87, Ashok Villa, Chatri Yojna, Vaishali Nagar, Ajmer.

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Ashish Jain S/o Shri Ashok Kumar Jain, Resident Of B-87, Ashok Villa, Chatri Yojna, Vaishali Nagar, Ajmer.

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Kailash Chauhan S/o Late Shri Sohan Lal Chauhan, R/o 661, Krishna Vihar Colony, Bk Kaul Nagar, Ajmer.

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----Petitioners

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Versus

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State Of Rajasthan, Through P.P.

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Rajesh Kumar Soni S/o Shri Trilok Chand Jain, R/o P-5, Anted Road, Parshaw Nath Colony, Vaishali Nagar, Ajmer

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----Respondents

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For Petitioner(s) : Mr. Rahul Agarwal For Respondent(s) : Mr. Manvendra Singh Choudhary, PP with Mr. Shree Ram Dhakar, PP Mr. Kartikay Johary

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HON'BLE MR. JUSTICE SAMEER JAIN

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Judgment

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16/04/2025

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This petition under Section 528 B.N.S.S. is filed, with prayer to quash the FIR No.687/2023 registered at Christian Ganj, Ajmer for offences under Sections 420, 406, 120B of IPC, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute.

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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.

[2025:RJ-JP:16236]

[CRLMP-2121/2025]

(2 of 2)

Heard and considered.

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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:

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“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.”

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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.

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Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No. 687/2023 registered at Christian Ganj, Ajmer with all consequential proceedings, is hereby quashed and set aside.

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

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(SAMEER JAIN),J

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DEEPAK/37

Ashok Kumar Jain S/O Late Shri Tara Chand Jain, v. State of Rajasthan

Case brief

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Ashok Kumar Jain S/O Late Shri Tara Chand Jain, v. State of Rajasthan

Case brief

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