Sanjay Singh Pilwal S/O Babulal Gurjar, Vs State of Rajasthan

¶1

[2025:RJ-JP:427]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous Petition No. 7758/2024

¶4

Sanjay Singh Pilwal S/o Babulal Gurjar, Aged About 33 Years, R/o Village Dubbi, P.s. Baijupada, Distt. Dausa, Raj.

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through P.p.

¶8

Naresh Meena S/o Ramsagar Meena, Aged About 22 Years, R/o Village Baajoli, Post Balunda, P.s. Ghad, Distt. Tonk Presently Office No. 404, Fourth Floor, Banarasi Heritage, Malard, West Mumbai, Maharashtra.

¶9

Mahendra Joshi S/o Ganpat Lal Joshi, Aged About 59 Years, R/o Mahamandir Dusari Pol, Jhalra Bera, Jodhpur, Presently 404, Fourth Floor, Banarasi Heritage,maind Space, Malard, West Mumbai, Maharashtra.

¶10

Tushar S/o Champalal, Aged About 33 Years, R/o Plot No. 67 N Block Sector 10, Kudi Housing Board, Jodhpur, Presently 404, Fourth Floor, Banarasi Heritage, maind Space, Malard, West Mumbai, Maharashtra.

¶11

Sanjay S/o Jugal Kishor Verma, Aged About 35 Years, R/o 1528, Thatharo Ki Gali, Choda Rasta Jaipur, Presently 1528, Thatharo Ki Gali, Choda Rasta Jaipur P.s. Kotawali, Distt. Jaipur, Jaipur, Rajasthan.

¶12

Deepak Verma S/o Naval Kishor Verma, Aged About 26 Years, R/o 1528, Thatharo Ki Gali, Choda Rasta Jaipur P.s Kotawali, Distt. Jaipur.

¶13

Mukesh Patel @ Shekhar S/o Raghunandan, Aged About 34 Years, 1680, Thatharo Ki Gali, Choda Rasta Jaipur P.s. Kotawali, Distt. Jaipur.

¶14

----Respondents

¶15

For Petitioner(s) : Mr. Arun Kumar Sharma, Adv. For Respondent(s) : Mr. Rishi Raj Singh, PP Mr. Vijendra Yadav, Adv. (for the complainant)

(2 of 4)

[2025:RJ-JP:427]

[CRLMP-7758/2024]

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

¶20

Order

¶21

03/01/2025

¶22

By way of this criminal misc. petition under Section 528 of B.N.S.S., the petitioner/complainant has approached this Court with a prayer for quashing of the FIR No.23/2023 registered at Cyber Police Station, District Dausa for the offences punishable under Sections 420, 506 and 120-B of IPC and under Section 66D of Information Technology Act, 2008 mainly on the ground that the parties have entered into compromise and amicably settled their dispute and now no dispute remains between them.

¶23

In the petition itself, the petitioner/complainant has mentioned that the act of cheating has been committed with him for an amount of Rs.26,60,338/- and the petitioner/complainant has received whole of the amount from the accused-respondents and therefore, he does not wants to prosecute further in this matter.

¶24

Learned counsel for the petitioner/complainant submitted that both the parties have entered into compromise and have settled their dispute amicably and therefore, prayed that the present petition be allowed and the criminal proceedings arising out of the FIR No.23/2023 registered at Cyber Police Station, District Dausa be quashed and set aside.

¶25

On 29.11.2024, the Coordinate Bench of this Court directed

¶26

the parties to appear before the Investigating Officer for verification of compromise and after investigation, the

[2025:RJ-JP:427]

[CRLMP-7758/2024]

(3 of 4)

Investigating Officer was further directed to submit verification report along with the case diary on the next date of hearing.

¶31

Today, learned Public Prosecutor has produced the factual report dated 15.12.2024 submitted by SHO, Cyber Police Station, District Dausa, in which it has been mentioned that both the parties have settled their dispute amicably as whole of the amount of Rs.26,60,338/- has been received by the petitioner/complainant and he does not want to prosecute the matter further. The factual report dated 15.12.2024 is taken on record.

¶32

Learned counsel appearing on behalf of the respondents has admitted the factum of the compromise arrived at between the parties and has no objection if the FIR is quashed and set aside. 7. Heard learned counsel for the parties and perused the material available on record. 8. In view of the aforesaid and considering the fact that the parties have resolved their disputes amicably and also considering that the present case is wholly covered by the principle of law laid down by Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [AIR 1992 SC 604], the FIR is liable to be quashed.

¶33

In view of the above, this criminal misc. petition is allowed and the FIR No.23/2023 registered at Cyber Police Station, District Dausa be quashed and set aside and other criminal proceedings arising out of the same are also quashed and set aside on the

(4 of 4)

[CRLMP-7758/2024]

[2025:RJ-JP:427]

basis of compromise arrived at between the parties. Consequence

¶38

to follow.

¶39