Allowed

Sohil @ Monu Son of Shri Sabir Khan, v. the State of Rajasthan

Rajasthan HC1 Aug 2025CRLMP/4462/2025

Case brief

AI extract

What is this about?

Petitioners filed a criminalMisc petition under Section 528 of BNSS for quashing of FIR No.309/2025 registered for offences under IPC. The court, relying on Supreme Court precedent, allowed the petition on the grounds of amicable settlement and personal nature of the dispute, quashing the FIR and consequential proceedings.

What did the court decide?

FIR No.309/2025 and all consequential proceedings under sections 115(2), 126(2), 189(2), 303(2) of IPC are quashed and set aside.

Sohil @ Monu Son of Shri Sabir Khan, Vs the State of… — Quashing and FIR | Rajasthan HC (2025)

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[2025:RJ-JP:29547]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 4462/2025

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Sohil @ Monu Son Of Shri Sabir Khan, Aged About 20 Years, Resident Of Machali Mohalla, Goverdhan Gate, Police Station Mathura Gate, District Bharatpur (Raj).

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Afjal @ Sonu Son Of Shri Sabir Khan, Aged About 22 Years, Resident Of Machali Mohalla, Goverdhan Gate, Police Station Mathura Gate, District Bharatpur (Raj).

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Amar Son Of Umar Khan, Aged About 22 Years, Resident Of Machali Mohalla, Goverdhan Gate, Police Station Mathura Gate, District Bharatpur (Raj).

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Nursaba Wife Of Sharukh Khan, Aged About 22 Years, Resident Of Machali Mohalla, Goverdhan Gate, Police Station Mathura Gate, District Bharatpur (Raj).

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Abida Wife Of Kamalludin, Aged About 40 Years, Resident Of Machali Mohalla, Goverdhan Gate, Police Station Mathura Gate, District Bharatpur (Raj).

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----Petitioners

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Versus

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The State Of Rajasthan, Through P.P. 2. Nasimmudin Son Of Yasin Khan, Aged About 36 Years, Resident Of Machali Mohalla, Goverdhan Gate, Police Station Mathura Gate, district Bharatpur (Raj).

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----Respondents

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For Petitioner(s) : Mr. Kapil Nagayach, Adv. For Respondent(s) : Mr. M.S. Shekhawat, PP Mr. Shree Ram Dhakar, PP Mr. Avtar Singh Rathore, Adv.

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HON'BLE MR. JUSTICE SAMEER JAIN

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Judgment

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01/08/2025

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This petition under Section 528 of BNSS is filed, with a prayer to quash the FIR No.309/2025 registered at Police Station Mathura Gate, Bharatpur for offences under Sections 115(2),

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[2025:RJ-JP:29547]

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126(2), 189(2), 303(2) of IPC, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute.

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It is submitted by learned counsel for the parties that as per directions spelled out in order dated 23.07.2025, the petitioners and complainant have marked their presence before the concerned SHO. It is submitted that parties are relatives as well as neighbours. It is submitted that cross FIRs were made to be registered by the respective sides and now they have entered into a compromise and want to put quietus to the dispute.

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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 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

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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.309/2025 registered at Police Station Mathura Gate, Bharatpur for offences under Sections 115(2), 126(2), 189(2), 303(2) of IPC with all consequential proceedings, are hereby quashed and set aside.

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

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(SAMEER JAIN),J

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CHANDAN /206

Sohil @ Monu Son of Shri Sabir Khan, v. the State of Rajasthan

Case brief

What is this about?

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Sohil @ Monu Son of Shri Sabir Khan, v. the State of Rajasthan

Case brief

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