[2025:RJ-JP:1627] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Petition No. 106/2025 1. Amit Kumar Phulwani S/o Shri Parmanand Phulwani, R/o 123 Nandpuri, Hawa Sadak, Jaipur. 2. Narendra Kumar Phulwani S/o Late Shri Mohan Das Phulwani, R/o 123 Nandpuri, Hawa Sadak, Jaipur. 3. Shyam Sunder Pholwani S/o Late Shri Mohan Das Phulwani, R/o 123 Nandpuri, Hawa Sadak, Jaipur. ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Ashok Kumar Ratanchandani S/o Late Shri Chothram, Aged About 66 Years, R/o H. No. A-2A, Sanket Colony, Adarsh Nagar, Jaipur. ----Respondents For Petitioners : Mr. Vinay Pal Yadav, Adv. For Respondents : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 10/01/2025 1. This criminal misc. petition under Section 528 of BNSS, 2023 has been filed for quashing of the criminal proceedings pending in the Court of Additional Civil Judge and Metropolitan Magistrate No.8, Jaipur Metropolitan-II (hereinafter referred to as 'trial Court') in Criminal Case No.9/2020 arising out of FIR No.352/2018 registered at Police Station Adarsh Nagar, Jaipur City (East) for the offences punishable under Sections 384, 386 & 120-B of IPC on the basis of compromise. [2025:RJ-JP:1627] (2 of 3) [CRLMP-106/2025] 2. As per the brief facts of the case, the trial for the offences punishable under Sections 384 and 120-B of IPC is pending in the criminal case No.9/2020 before the learned trial Court. During the pendency of the trial, both the parties have arrived at compromise and filed an application before the trial Court along with the compromise. 3. Learned trial Court has refused to attest the compromise for the offences punishable under Sections 384 and 120-B of IPC as these offences are non-compoundable. 4. Learned counsel appearing on behalf of the petitioners submits that this matter is fully covered by the judgment of the Hon’ble 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]. Learned counsel also submits that the dispute between the parties is of civil nature and the parties have amicably settled their dispute, therefore, no fruitful purpose would be served if the criminal proceedings pending against the petitioners are allowed to continue even after the compromise arrived at between the parties. 5. Learned counsel for the petitioners has produced copy of the application dated 16.12.2024 submitted on behalf of the parties and the order passed by learned trial Court on the said application. The copy of the application dated 16.12.2024 is taken on record. 6. Heard learned counsel for the parties and perused the material available on record. [2025:RJ-JP:1627] (3 of 3) [CRLMP-106/2025] 7. 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 (Supra) and in the case of Bhajan Lal (Supra), the criminal proceedings are liable to be quashed in view of compromise arrived at between the parties although the offences under Sections 384 and 120-B of IPC are non-compoundable. 8. In view of the above, this criminal misc. petition is allowed and the criminal proceedings pending before the Court of Additional Civil Judge and Metropolitan Magistrate No.8, Jaipur Metropolitan-II in Criminal Case No.9/2020 arising out of FIR No.352/2018 registered at Police Station Adarsh Nagar, Jaipur City (East) for the offences punishable under Sections 384, 386 & 120- B of IPC are quashed and set aside on the basis of compromise arrived at between the parties. Consequence to follow. 9. The stay application also stands disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA /56