Omprakash, S/O Birbal Singh, Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Omprakash, S/O Birbal Singh, Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

All three connected criminal miscellaneous petitions allowed; FIR Nos. 256/2024, 257/2024 and 255/2024 registered at Police Station Pilani, District Jhunjhunu, and all consequential proceedings arising therefrom, quashed and set aside; compromise taken on record; pending application(s) disposed of.

Issue for consideration

Whether FIR Nos. 256/2024, 257/2024 and 255/2024 registered at Police Station Pilani, District Jhunjhunu, and the proceedings arising therefrom, should be quashed on the basis of the compromise effected between the parties in respect of their inter-se dispute. +1 more

Court's answer

Taking note that the parties are residents of the same village living in close vicinity, that they settled the dispute amicably inter se, and that quashing would advance peace, fellowship and harmony among the parties, the Court deemed it just and proper to allow the miscellaneous petitions and took the compromise on record.

Ratio / Principle

Adopting the position of law laid down by the Hon'ble Apex Court in the relied-upon judgments (that proceedings may be quashed under inherent powers even for non-compoundable offences where parties have amicably settled), and considering the unique nature of the case, the Court found quashing of the FIRs and consequential proceedings appropriate.

Key takeaways

FIR No. 256/2024, FIR No. 257/2024 and FIR No. 255/2024, all registered at Police Station Pilani, District Jhunjhunu, together with all consequential proceedings arising therefrom, were quashed and set aside.ratio¶61

Detailed headnote1 paragraphs

High Court of Judicature for Rajasthan, Jaipur Bench (Sameer Jain, J.; decided 11.07.2025) - Three connected S.B. Criminal Miscellaneous (Petition) Nos. 2641, 2591 and 2614 of 2025, filed under Section 528 BNSS, sought quashing of cross-registered FIRs Nos. 256/2024, 257/2024 and 255/2024 of Police Station Pilani, District Jhunjhunu, arising from physical altercations between neighbouring villagers (one person hospitalised); offences included Sections 115(2), 333, 189(2), 351(2), 61(2)(a), 126(2), 352 and 3(5) of B.N.S. and Section 3(1)(S) and 3(2) (va) of the Scheduled Castes and the Scheduled Tribes (Preventions of Atrocities) Act. Parties, including the erstwhile injured person present in court, had amicably settled the inter-se dispute, and village members unanimously endorsed the compromise. Placing reliance on Gian Singh Vs. State of Punjab [(2012) 10 SCC 303], Naushey Ali And Ors vs. State of Uttar Pradesh and Ors. [(2025) 4 SCC 78] and Ramgopal Vs. The State of Madhya Pradesh [[2022 (14) SCC 531]], the Court allowed the petitions, took the compromise on record, and quashed all three FIRs with all consequential proceedings arising therefrom; pending applications stand disposed of.

[2025:RJ-JP:25690]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 2641/2025

Omprakash, S/o Birbal Singh, Aged About 50 Years, R/o Kajra, Pilani, Jhunjhunu, Rajasthan.

Narendra Singh S/o Sumer Singh, Aged About 32 Years, R/o Kajra, Pilani, Jhunjhunu, Rajasthan.

Dharmendra Singh S/o Ranjit Singh, Aged About 38 Years, R/o Kajra, Pilani, Jhunjhunu, Rajasthan.

Mukesh Singh S/o Pratap Singh, Aged About 35 Years, R/o Kajra, Pilani, Jhunjhunu, Rajasthan.

Anil Sharma, S/o Mahaveer Prasad, Aged About 47 Years, R/o Kajra, Pilani, Jhunjhunu, Rajasthan.

Arvind @ Goliya, S/o Sanwarmal Sharma, Aged About 36 Years, R/o Kajra, Pilani, Jhunjhunu, Rajasthan.

Gaurav Sharma, S/o Anil Sharma, Aged About 20 Years, R/o Kajra, Pilani, Jhunjhunu, Rajasthan.

Anita Sharma W/o Anil Sharma, Aged About 45 Years, R/o Kajra, Pilani, Jhunjhunu, Rajasthan.

----Petitioners/Accused

Versus

State Of Rajasthan, Through Public Prosecutor.

---Respondent

Rekha Kanwar, W/o Dinesh Singh, Aged About 46 Years, R/o Kajra, Pilani, Jhunjhunu, Rajasthan.

----Respondent/Complainant

Connected With

S.B. Criminal Miscellaneous (Petition) No. 2591/2025

Vijay Singh S/o Hari Singh, Aged About 55 Years, R/o Kajra, Pilani, Jhunjhunu, Rajasthan.

Dinesh Singh S/o Hari Singh, Aged About 50 Years, R/o Kajra, Pilani, Jhunjhunu, Rajasthan.

Shekhar Singh S/o Vijay Singh, Aged About 25 Years, R/o Kajra, Pilani, Jhunjhunu, Rajasthan.

----Petitioners/Accused

Versus

State Of Rajasthan, Through Public Prosecutor.

---Respondent

Anil Sharma, S/o Mahaveer Prasad Sharma, Aged About 18 Years, R/o Kajra, Pilani, Jhunjhunu, Rajasthan.

----Respondent/Complainant

S.B. Criminal Miscellaneous (Petition) No. 2614/2025

1. Vijay Singh S/o Hari Singh, Aged About 55 Years, R/o Kajra, Pilani, Jhunjhunu, Rajasthan.

Dinesh Singh S/o Hari Singh, Aged About 50 Years, R/o

(2 of 4)

[2025:RJ-JP:25690]

[CRLMP-2641/2025]

Kajra, Pilani, Jhunjhunu, Rajasthan.

----Petitioners/Accused

Versus

State Of Rajasthan, Through Public Prosecutor.

---Respondent

Om Prakash S/o Shri Beerbal Ram, R/o Kajra, Pilani, Jhunjhunu, Rajasthan.

----Respondent/Complainant

For Petitioner(s) : Mr. Harish Dadhich Mr. Abhishek B. Sharma

For Respondent(s) : Mr. Rishi Raj Singh Rathore, P.P. with Mr. Manvendra Singh Shekhawat, P.P. Mr. Anand Sharma Mr. Harsh Dadhich

HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

11/07/2025

SBCRLMP No. 2641/2025 is filed under Section 528 of BNSS, with a prayer to quash the FIR No.256/2024 registered at Police Station Pilani, District Jhunjhunu for offences under Sections 115(2), 333, 189(2), 351(2) and 61(2)(a) of B.N.S., SBCRLMP No. 2591/2025 is filed seeking directions for quashing the FIR No. 257/2024 registered at Police Station Pilani, District Jhunjhunu for offences under sections 115(2), 126(2), 351(2) and 352 and 3(5) of the B.N.S. and SBCRLMP No.2614/2025 is filed seeking directions for quashing the FIR No.255/2024 registered at Police Station Pilani, District Jhunjunu for the offences under Sections 115(2), 126(2) and 3(5) of B.N.S. and Section 3(1)(S) and 3(2) (va) of the Scheduled Castes and the Scheduled Tribes (Preventions of Atrocities) Act; on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute.

(3 of 4)

[2025:RJ-JP:25690]

[CRLMP-2641/2025]

Learned counsel for the petitioners has submitted that on account of certain physical altercation inter-se the neighbours, cross FIRs were lodged. It is further submitted that due to the injuries inflicted in the said altercations, one of the persons was also admitted in the hospital. Learned counsel for the respective parties have placed reliance upon the judgment titled as Naushey Ali And Ors vs. State of Uttar Pradesh and Ors. reported in (2025) 4 SCC 78.

Parties including the then injured person (present-in- Court) have submitted that have amicably settled the dispute inter-se them and are desirous to put quietus to the impugned FIRs and proceedings arising therefrom. Further, members of the village have unanimously taken a decision that compromise would result in peace and harmony among the parties.

Heard and considered.

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], as Naushey Ali And Ors vs. State of Uttar Pradesh and Ors. reported in (2025) 4 SCC 78 and Ramgopal Vs. The State of Madhya Pradesh reported in [2022 (14) SCC 531], relevant portion of which 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

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[2025:RJ-JP:25690]

[CRLMP-2641/2025]

under Section 482 Cr.P.C., even if the offences are noncompoundable.”

In view of the position of law laid down by the Hon’ble Apex Court in aforementioned case, considering the unique nature of the case, taking note of the fact that parties herein are residents of the same village and live in close vicinity; that parties have settled the dispute amicably inter-se them; that quashing of FIRs and consequential proceedings will advance peace, fellowship and harmony among the parties, this Court deems it just and proper to allow the present misc. petitions. Compromise is taken on record.

Considering the aforementioned, the present criminal miscellaneous petitions are allowed and the FIR No.256/2024 registered at Police Station Pilani, District Jhunjhunu, FIR No. 257/2024 registered at Police Station Pilani, District Jhunjhunu and FIR No.255/2024 registered at Police Station Pilani, District Jhunjunu, with all consequential proceedings arising therefrom, are hereby quashed and set aside.

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

(SAMEER JAIN),J

GAURAV/50-52