[2025:RJ-JP:19315]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4263/2022

1. Smt. Gita W/o Gopal, Aged About 54 Years, R/o Village Amritpura, Tehsil Masuda, Kharwa, Ajmer, Rajasthan Currently Residing At Ward No.2, Pasand Nagar Kotra P.o.

Nausar B, Puskar Road Ajmer Rajasthan.

2. Partibha Uriyaat D/o Mahavir Prasad, Aged About 16 Years, R/o Opposite Ceremony School, Balaji Nagar, Choriyawas Road, Ajmer, Currently Residing At Ward No.2, Pasand Nagar Kotra P.o. Nausar B, Puskar Road Ajmer Rajasthan Through Her Gurdian Smt. Gita W/o Gopal.

3. Yukta Uriyaat D/o Mahavir Prasad, Aged About 17 Years, R/o Opposite Ceremony School, Balaji Nagar, Choriyawas Road, Ajmer, Currently Residing At Ward No.2, Pasand Nagar Kotra P.o. Nausar B, Puskar Road Ajmer Rajasthan Through Her Gurdian Smt. Gita W/o Gopal.

4. Darsh Uriyaat S/o Mahavir Prasad, R/o Ward No.2, Pasand Nagar Kotra P.o. Nausar B, Puskar Road Ajmer Rajasthan Currently Residing House No. 385B House, New Market Rawatbhata. Through Her Gurdian Smt. Gita W/o Gopal.

----Petitioners Versus

1. State Of Rajasthan, Through Public Prosecutor.

2. Superintendent Of Police, District Ajmer.

3. Station House Officer, Police Station Alwar Gate, District Ajmer.

4. Station House Officer, Police Station Rawatbhata, District Chittorgarh.

5. Mahavir Prasad, S/o- Shree Mishri Lal, Aged About 44 Years, R/o- Opp Ceremony School, Balaji Nagar, Chourasiawas Road, Ajmer.

6. Raghuveer Prasad S/o Mishra Lal, R/o Opposite Ceremony School, Balaji Nagar, Choriyawas Road, Ajmer.

----Respondents For Petitioner(s) : Ms. Partibha Uriyaat &

Ms. Yukta Uriyaat (in person)

For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP with Mr. Manvendra Singh Shekhawat, PP Mr. Sandesh Khandelwal HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

07/05/2025

1. An application (IA No.1/2025) is filed for early listing of the petition.

2. For the reasons stated in the memo of the application the same is allowed.

3. Petitioners who have appeared before the Court in person have submitted that after the demise of their mother, on account of mental distress they have filed a protection application against their father and other family members. Howsoever, petitioners have submitted that as on date, they are living happily with their father and due care is taken by him. Therefore, they want to put quietus to the instant dispute.

4. Parties present in the Court have submitted that the instant dispute is in personam in nature and both the parties have settled their disputes amicably. They have submitted that the complaints dated 18.04.2022 (Annexure-2 & 3) are accordingly ought to be set aside.

5. Heard and considered.

6. In this regard, 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 the aforesaid is reproduced below:

“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 non-

compoundable.”

7. In view of legal proposition of law laid down by the 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. 8. Considering the aforementioned, the present criminal miscellaneous petition is allowed and the complaints dated 18.04.2022 submitted before District Collector Ajmer (Annexure- 2) and Superintendent of Police (Annexure-3), District Ajmer with all consequential proceedings, are hereby declared void and accordingly set aside.

9. Accordingly, the instant petition is allowed. Pending application(s), if any,