Allowed

Rajiv Sharma S/O Shri Rampal Singh, v. the State of Rajasthan

Rajasthan HC1 Aug 2025CRLMP/4455/2025

Case brief

AI extract

What is this about?

Petition under Section 528 BNSS sought quashing of FIR No.891/2023 (Sections 420, 406, 120-B IPC) on the basis of a compromise between petitioner and complainant in a private dispute. Relying on Gian Singh and Ramgopal, the court allowed the petition and quashed the FIR and consequential proceedings qua the petitioner.

What did the court decide?

FIR No.891/2023 and all consequential proceedings quashed qua the petitioner; compromise taken on record.

Rajiv Sharma S/O Shri Rampal Singh, Vs the State of… — Quashing and FIR | Rajasthan HC (2025)

¶1

[2025:RJ-JP:29546]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous (Petition) No. 4455/2025

¶4

Rajiv Sharma S/o Shri Rampal Singh, Aged About 48 Years, Resident Of A-01, 95B, Ug Gali No. 5, Rajapuri, New Delhi-59.

¶5

----Petitioner

¶6

Versus

¶7

The State Of Rajasthan, Through P.P.

¶8

Ramesh S/o Bhagwat Prashad, Resident Of A-238, Jawahar Nagar, Mathuragate, Bharatpur (Raj).

¶9

----Respondents

¶10

For Petitioner(s) : Mr. Nitesh Rawat, Adv. For Respondent(s) : Mr. M.S. Shekhawat, PP Mr. Shree Ram Dhakar, PP

¶11

HON'BLE MR. JUSTICE SAMEER JAIN Judgment

¶12

01/08/2025

¶13

Petitioner and complainant are present in person.

¶14

This petition under Section 528 of BNSS is filed, with a prayer to quash the FIR No.891/2023 registered at Police Station Mathuragate, Bharatpur for offences under Sections 420, 406, 120-B of IPC, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute.

¶15

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.

¶16

Complainant who is present in person has categorically submitted that he and the present petitioner have entered into a compromise. With respect to the present petitioner, it is submitted that his name was wrongly written in the FIR and he wants to withdraw the proceedings against the present petitioner.

[2025:RJ-JP:29546]

[CRLMP-4455/2025]

(2 of 2)

Heard and considered.

¶21

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:

¶22

“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.”

¶23

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.

¶24

Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No.891/2023 registered at Police Station Mathura gate, Bharatpur for offences under Sections 420, 406, 120-B of IPC with all consequential proceedings, are hereby quashed and set aside qua the petitioner.

¶25

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

¶26

(SAMEER JAIN),J

¶27

CHANDAN /205

Rajiv Sharma S/O Shri Rampal Singh, v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajiv Sharma S/O Shri Rampal Singh, v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Banti Kumawat S/O Shri Puranmal Kumawat, Vs Kailash Chand Yadav S/O Shri Umrao Prasad Yadav

Babulal Barala S/O Shri Jagdish Prasad Barala, Vs Dr Bhawani Singh Barala S/O Shri Shyamlal Barala

Babulal Barala S/O Shri Jagdish Parsad Barala, Vs Dr. Bhawani Singh Barala S/O Shri Shyamlal Barala

Pooja Daughter of Shri Vishram, Vs State of Rajasthan

Harshit Gahlot, Son of Shri Kunjbihari Gahlot, Vs State of Rajasthan

Durgalal S/O Ranglal Gurjar, Vs State of Rajasthan