Allowed¶38

Shokin Khan S/O Najir Khan v. the State of Rajasthan

Rajasthan HC28 Jul 2025CRLMP/4384/2025

Case brief

AI extract

What is this about?

CRLMP 4384/2025, Rajasthan HC Jaipur, Sameer Jain J., decided 28/07/2025. Quashing of FIR No.90/2018, P.S. Kho-Nagoriyan, Jaipur City (East), Sections 323, 341, 147, 427, 379 IPC, on basis of compromise/amicable settlement between parties; petition under Section 528 BNSS; reliance on Gian Singh (2012) 10 SCC 303 and Ramgopal (2022) 14 SCC 531 re inherent powers to quash even non-compoundable offences; FIR quashed with consequential proceedings; pending applications disposed.

What did the court decide?

Quashing of FIR No.90/2018 registered at Police Station Kho-Nagoriyan, District Jaipur City (East) for offences under Sections 323, 341, 147, 427, 379 of IPC, with all consequential proceedings; compromise taken on record; pending application(s) disposed of. ¶38

Shokin Khan S/O Najir Khan Vs the State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶38

Issue for consideration

Whether FIR No.90/2018 registered at Police Station Kho-Nagoriyan, District Jaipur City (East) for offences under Sections 323, 341, 147, 427, 379 of IPC, together with all consequential proceedings, should be quashed on the basis of the compromise effected between the parties in their inter-se private dispute.

¶27

Court's answer

In view of the law laid down by the Hon'ble Apex Court in Gian Singh and Ramgopal, and considering the personal nature of the dispute amicably settled between the parties, the Court deemed it just and proper to allow the miscellaneous petition and took the compromise on record.

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Ratio / Principle

FIR No.90/2018 registered at Police Station Kho-Nagoriyan, District Jaipur City (East) for offences under Sections 323, 341, 147, 427, 379 of IPC, with all consequential proceedings, is quashed and set aside.

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Key takeaways

Pending application(s), if any, stand disposed of.ratio¶38

Detailed headnote1 paragraphs

High Court of Judicature for Rajasthan, Jaipur Bench (Sameer Jain, J.) allowed a petition under Section 528 of BNSS and quashed FIR No.90/2018 of Police Station Kho-Nagoriyan, District Jaipur City (East), registered for offences under Sections 323, 341, 147, 427, 379 of IPC, along with all consequential proceedings, because the inter-se private dispute between the parties had been amicably resolved and the compromise deed (Annexure-2) had been furnished before the learned Court below. The Court placed reliance on Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] and Ramgopal Vs. The State of Madhya Pradesh [2022 (14) SCC 531], wherein the Apex Court held that the High Court can quash criminal proceedings in exercise of its inherent powers even if the offences are non-compoundable, where the parties have amicably settled and the victim consents. Compromise taken on record; pending applications disposed of.

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[2025:RJ-JP:28361]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 4384/2025

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Shokin Khan S/o Najir Khan, R/o Udaipur Gilariya, KhoNagoriyan, Jaipur City (East), Rajasthan

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Babu Khan S/o Nashir Khan, R/o Udaipur Gilariya, KhoNagoriyan, Jaipur City (East), Rajasthan

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Hajji Kallu Khan S/o Hajji Nashir Khan, R/o Udaipur Gilariya, Kho-Nagoriyan, Jaipur City (East), Rajasthan.

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Ikram Khan S/o Nashir Khan, Udaipur Gilariya, KhoNagoriyan, Jaipur City (East), Rajasthan

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Nijam Khan S/o Ushman Khan, R/o Udaipur Gilariya, KhoNagoriyan, Jaipur City (East), Rajasthan

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Shahid @ Meena S/o Bashir Khan, R/o Dhani Paatiyan, Udaipur Gilariya, Kho-Nagoriyan, Jaipur City (East), Rajasthan

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Kadir S/o Hajji Nashir Khan, R/o Udaipur Gilariya, KhoNagoriyan, Jaipur City (East), Rajasthan

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Aabid S/o Shabbir @ Bhura Khan, R/o Patiyo Ki Dhani, Kho-Nagoriyan, Jaipur City (East), Rajasthan.

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Munvar Khan S/o Sanvar Khan, R/o Patiyo Ki Dhani, KhoNagoriyan, Jaipur City (East), Rajasthan

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Saddam Khan S/o Abdul Rajjak, R/o Patiyo Ki Dhani, KhoNagoriyan, Jaipur City (East), Rajasthan

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Harun Khan S/o Nayun Khan @ Naiyan Khan, Patiyo Ki Dhani, Kho-Nagoriyan, Jaipur City (East), Rajasthan

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----Petitioners

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Versus

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The State Of Rajasthan, Through Pp

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Rahish Khan S/o Abdul Ganni, R/o Chopda Ki Dhani, KhoNagoriyan, Jaipur City (East), Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Anish Bhadala, Adv. For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP Mr. M.S. Shekhawat, PP Mr. Rajat Singh Solanki, Adv.

(2 of 3)

[2025:RJ-JP:28361]

[CRLMP-4384/2025]

HON'BLE MR. JUSTICE SAMEER JAIN

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Judgment

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28/07/2025

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This petition under Section 528 of BNSS is filed, with a prayer to quash the FIR No.90/2018 registered at Police Station Kho-Nagoriyan, District Jaipur City (East) for offences under Sections 323, 341, 147, 427, 379 of IPC, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute.

¶28

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, qua which the compromise deed (Annexure-2) is already furnished before the learned Court below.

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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 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

(3 of 3)

[2025:RJ-JP:28361]

[CRLMP-4384/2025]

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

¶36

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.

¶37

Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No.90/2018 registered at Police Station Kho-Nagoriyan, District Jaipur City (East) for offences under Sections 323, 341, 147, 427, 379 of IPC of IPC 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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(SAMEER JAIN),J

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CHANDAN /98

Shokin Khan S/O Najir Khan v. the State of Rajasthan

Case brief

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Shokin Khan S/O Najir Khan v. the State of Rajasthan

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