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2025 DIGILAW 493 (RAJ)

Teja Ram v. State of Rajasthan

2025-02-21

MANOJ KUMAR GARG

body2025
ORDER : MANOJ KUMAR GARG, J. The instant criminal misc. petition under Section 528 BNSS has been filed by the petitioners for quashing the FIR No.93/2021 registered at Police Station Jhanwar, Distt. Jodhpur as well as all consequential proceedings pending before the learned Metropolitan Magistrate No.3, Jodhpur Metropolitan in Sessions Case No.9716/2021 for offences under Sections 147 , 149 , 323 , 341 and 365 of IPC on the basis of compromise. 2. Counsel for the petitioners submits that the matter has already been compromised between the parties and it is borne out from the compromise that respondent No.2 is not inclined to proceed further in the matter. Counsel has placed reliance on a decision of Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. [ (2012) 10 SCC 303 ]. In these circumstances, the FIR lodged by the respondent No.2 against the petitioners may be quashed. 3. Counsel for the respondent concurs the fact of compromise and submits that in view of the compromise, the respondent No.2 does not want to proceed further in the matter. 4. In view of compromise arrived at between the parties and applying the ratio in decision of Gian Singh (Supra) , I deem it just and proper to invoke inherent powers of this Court under Section 528 BNSS . 5. Accordingly, the present misc. petition is allowed and the FIR No.93/2021 registered at Police Station Jhanwar, District Jodhpur as well as all consequential criminal proceedings pending before the learned Metropolitan Magistrate No.3, Jodhpur Metropolitan in Sessions Case No.9716/2021 for offences under Sections 147 , 149 , 323 , 341 and 365 of IPC lodged against the petitioners is hereby quashed on the basis of compromise deed. 6. Stay petition is also decided.