Allowed

Chiranji Lal Gurjar Son of Shri Kalyan Sahay, v. State of Rajasthan

Rajasthan HC5 May 2025CRLMP/2653/2025

Case brief

AI extract

What is this about?

This criminal miscellaneous petition sought quashing of an FIR based on an inter-se compromise between parties. The High Court relied on Supreme Court precedents allowing quashing for private disputes amicably settled, even for non-compoundable offences, and allowed the petition.

What did the court decide?

FIR No. 86/2025 registered at Police Station Jaisinghpura Khor and all consequential proceedings were quashed and set aside.

Chiranji Lal Gurjar Son of Shri Kalyan Sahay, Vs State of… — Quashing and FIR | Rajasthan HC (2025)

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[2025:RJ-JP:18940]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2653/2025

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Chiranji Lal Gurjar Son Of Shri Kalyan Sahay, Aged About 45 Years, Resident Of Rohit Nagar First, Jaisinghpura Khor, Jaipur, Rajasthan.

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Indraj Gurjar Son Of Late Shri Mool Chand, Aged About 43 Years, Resident Of Main Bus Stand, Jaisinghpura Khor, Jaipur, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p.

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Kanahiya Lal Mehra Son Of Shri Devi Lal Mehra, Aged About 55 Years, Resident Of 30, Mehra Basti, Karbla Choraha, Ramgarh Mod, Jaipur, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Rajendra Yadav For Respondent(s) : Mr. M. S. Shekhawat, PP with Mr. Rishi Raj Singh Rathore, PP

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HON'BLE MR. JUSTICE SAMEER JAIN Judgment

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05/05/2025

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This petition under Section 528 of BNSS is filed, with a prayer to quash the FIR No. 86/2025 registered at Police Station Jaisinghpura Khor, Jaipur North for offences under Sections 318(4), 338, 336(3), 340(2), 61(2) of BNS, 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, in presence of their respective clients, have submitted that the dispute at hand is inter-se private in nature, which has been resolved by the parties amicably.

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Heard and considered.

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At the outset, this Court deems it appropriate to place reliance upon the judgment passed by the Hon’ble Apex Court in

(2 of 2)

[2025:RJ-JP:18940]

[CRLMP-2653/2025]

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 which 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 the position of law laid down by the Hon’ble 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. 86/2025 registered at Police Station Jaisinghpura Khor, Jaipur North with all consequential proceedings, are 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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Registrar (Judicial) is directed to send a certified copy of this order to the officers of Rajasthan Registration and Stamps Department and Income Tax Department for verification of the amount in question i.e. Rs. 2,64,000/- approx.

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(SAMEER JAIN),J

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Pooja /107

Chiranji Lal Gurjar Son of Shri Kalyan Sahay, v. State of Rajasthan

Case brief

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Chiranji Lal Gurjar Son of Shri Kalyan Sahay, v. State of Rajasthan

Case brief

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