[2023:RJ-JP:29318]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 6596/2023

1.

Suraj Maurya Alias Bawaa S/o Shri Ram Chandra,

Resident Of Gadriyan Tola, Auras Tehsil Hasanganj,

District Unnaav, Uttar Pradesh - 241503

2.

Shivam Alias Shubham S/o Shri Dinesh Kumar, Residnet

Of Auras Chamraudha-2, Tehsil Hasanganj, District

Unnaav, Uttar Pradesh - 241 503

3.

Saroj Kumar S/o Shri Dinesh Kumar, Residnet Of Auras

Chamraudha-2, Tehsil Hasanganj, District Unnaav, Uttar

Pradesh - 241 503

----Petitioners

Versus

1.

Bablu Maali S/o Shri Mishrilal Maali, Resident Of Maaliyon

Ki Baadi, Gram Panchayat Maaliyon Ki Baadi, Tehsil

Kishangarh, District Ajmer, Rajasthan

2.

State Government, Through Public Prosecutor, Ajmer

----Respondents

For Petitioner(s)

:

Mr. Kritesh Oswal

For Respondent(s)

:

Mr. Chandragupt Chopra, PP

Mr. Nitesh Trivedi

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

13/10/2023

1.

The parties are present in person and have been duly

identified by their respective counsel.

2.

By way of this criminal misc. petition under Section 482 of

the Code of Criminal Procedure, the accused-petitioners have

approached this Court with a prayer to quash the FIR

No.286/2022 registered at Police Station Gandhi Nagar, District

Ajmer for the offence punishable under Section 380 of IPC and the

[2023:RJ-JP:29318]

(2 of 2)

[CRLMP-6596/2023]

proceedings pending before learned Additional Chief Judicial

Magistrate No.2, Kishangarh, District Ajmer.

3.

Learned counsel for the petitioners submits that during

pendency of the investigation, the petitioners have entered into a

compromise with the complainant. The written compromise has

been annexed with this petition.

4.

Learned Public Prosecutor and learned counsel for the

complainant do not dispute the factum of compromise.

5.

In view of the aforesaid and considering the submissions

made on behalf of the respective parties; the material made

available for my perusal; considering that the parties have

resolved their dispute and also finding 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 aforesaid FIR is liable to be quashed in

view of compromise arrived at between the parties.

6.

In view of the above, this criminal misc. petition is allowed

and the FIR No.286/2022 registered at Police Station Gandhi

Nagar, District Ajmer and the proceedings pending before learned

Additional Chief Judicial Magistrate No.2, Kishangarh, District

Ajmer are quashed and set aside.

(ANIL KUMAR UPMAN),J

857-Nirmala