Allowed¶26

Birbal Ram Yadav Son of Late Shri Sugna Ram Yadav, v. State of Rajasthan

Rajasthan HC9 Apr 2025CRLMP/4687/2023

Case brief

AI extract

What is this about?

Section 482 Cr.P.C.; quashing of FIR on basis of compromise / amicable settlement between parties; non-compoundable offences (Sections 143, 447, 427, 506 IPC); inherent powers of High Court; reliance on Gian Singh (2012) 10 SCC 303 and Ramgopal (2022) 14 SCC 531; FIR No.256/2023 PS Neem Ka Thana District Sikar; S.B. Criminal Miscellaneous (Petition) No. 4687/2023; Rajasthan High Court Jaipur Bench; decided 09/04/2025; petition allowed, FIR and consequential proceedings quashed.

What did the court decide?

Quashing of FIR No.256/2023 registered at Police Station Neem Ka Thana, District Sikar, for offences under Sections 143, 447, 427, 506 of IPC, together with all consequential proceedings; compromise taken on record; pending application(s), if any, disposed of. ¶26

Birbal Ram Yadav Son of Late Shri Sugna Ram Yadav, Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No.256/2023 registered at Police Station Neem Ka Thana, District Sikar, for offences under Sections 143, 447, 427, 506 of IPC, and its consequential proceedings, should be quashed under Section 482 Cr.P.C. on the basis of the compromise/amicable settlement effected between the parties.

¶14

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, which has been amicably settled between the parties, this Court deemed it just and proper to allow the present misc. petition, with the compromise taken on record.

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Ratio / Principle

The FIR No. 256/2023 registered at Police Station Neem Ka Thana, District Sikar, for offences under Sections 143, 447, 427, 506 of IPC, along with all consequential proceedings, is hereby quashed and set aside, and the criminal miscellaneous petition is allowed.

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Detailed headnote1 paragraphs

S.B. Criminal Miscellaneous (Petition) No. 4687/2023, High Court of Rajasthan (Jaipur Bench), Justice Sameer Jain, decided 09/04/2025: The petitioner sought quashing under Section 482 Cr.P.C. of FIR No.256/2023, Police Station Neem Ka Thana, District Sikar, booked for offences under Sections 143, 447, 427, 506 of IPC, on the ground that the inter-se private dispute had been amicably settled by way of compromise. Relying on Gian Singh v. State of Punjab, (2012) 10 SCC 303, and Ramgopal v. State of Madhya Pradesh, (2022) 14 SCC 531 (per which the High Court, having regard to the nature of the offence and the willing consent of the victim, may quash even non-compoundable-offence proceedings in exercise of inherent powers), the Court took the compromise on record, held the personal settlement sufficient, allowed the petition, and quashed and set aside the FIR with all consequential proceedings; pending application(s) stood disposed of.

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[2025:RJ-JP:15864]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 4687/2023

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Birbal Ram Yadav Son Of Late Shri Sugna Ram Yadav, Aged About 48 Years, Resident Of Sirohi, Neem Ka Thana, Tehsil Neem Ka Thana, District Sikar, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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Gokul Chand Yadav Son Of Shri Ramniwas Yadav, Aged About 47 Years, Resident Of Dhani Maalsagar , Tan Sirohi, Tehsl Neem Ka Thana, District Sikar, Rajasthan.

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----Respondents

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For Petitioner(s)	: Mr. Sumer Saini, Adv.
For Respondent(s)	: Mr.M.S. Shekhawat, PP with
	Mr. Shubham Saini, Adv.

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HON'BLE MR. JUSTICE SAMEER JAIN

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Judgment

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09/04/2025

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This petition under Section 482 of Cr.P.C. is filed, with a prayer to quash the FIR No.256/2023 registered at Police Station Neem Ka Thana, District Sikar for offences under Sections 143, 447, 427, 506 of IPC, on the basis of compromise effectuated be-

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tween the parties herein, in respect of their inter-se dispute.

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Learned counsel for both the parties 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 Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] and

(2 of 2)

[2025:RJ-JP:15864]

[CRLMP-4687/2023]

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. 256/2023 registered at Police Station Neem Ka Thana, District Sikar for offences under Sections 143, 447, 427, 506 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 /275

Birbal Ram Yadav Son of Late Shri Sugna Ram Yadav, v. State of Rajasthan

Case brief

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Birbal Ram Yadav Son of Late Shri Sugna Ram Yadav, v. State of Rajasthan

Case brief

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Why is it important?

What the court decided

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