[2025:RJ-JP:36881] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5688/2025 1. Gaurav Nayati S/o Dharmi Chand Nayati, Resident Of Kekri City, Ajmer (Raj). 2. Dharmi Chand S/o Shri Ram Swaroop Nayati, Resident Of Kekri City, Ajmer (Raj). 3. Vishal Nayati S/o Dharmi Chand Nayati, Resident Of Kekri City, Ajmer (Raj). ----Petitioners Versus 1. State Of Rajasthan, Through P.p. 2. Sandeep Choudhary S/o Mahaveer Prasad, Resident Of Purana Kota Road, Kekri City, Ajmer (Raj). ----Respondents For Petitioner(s) : Mr. Praveen Kumar Jain For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP Ms. Rekha Arora HON'BLE MR. JUSTICE SUDESH BANSAL Order 11/09/2025 1. A joint prayer has been made to quash FIR No.290/2025 registered at Police Station Kekri City, District Ajmer for offences under Sections 3(5), 115(2), 304(2) & 331(4) of BNS, 2023, on the basis of compromise arrived at between parties. 2. It has inter alia been stated that petitioner No.1 and respondent No.2 both are partners of firm- M/s Neptune Stone and are indulged in the business of mining and on account of some business dispute, some quarrel ensued between parties and on that issue, impugned FIR came to be lodged, however, both parties have settled their private dispute mutually and respondent No.2- complainant has agreed not to prosecute the petitioners and [2025:RJ-JP:36881] (2 of 3) [CRLMP-5688/2025] to quash the impugned FIR. An original compromise has been placed on record. 3. The Hon’ble Supreme Court in case of Gian Singh Vs. State of Punjab[(2012) 10 SCC 303] observed as follows: “57. Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same thing as compounding of offence. They are different and not interchangeable. Strictly speaking, the power of compounding of offences given to a court under Section 320 is materially different from the quashing of criminal proceedings by the High Court in exercise of its inherent jurisdiction. In compounding of offences, power of a criminal court is circumscribed by the provisions contained in Section 320 and the court is guided solely and squarely thereby while, on the other hand, the formation of opinion by the High Court for quashing a criminal offence or criminal proceeding or criminal complaint is guided by the material on record as to whether the ends of justice would justify such exercise of power although the ultimate consequence may be acquittal or dismissal of indictment. 58. Where High Court quashes a criminal proceeding having regard to the fact that dispute between the offender and victim has been settled although offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. No doubt, crimes are acts which have harmful effect on the public and consist in wrong doing that seriously endangers and threatens well-being of society and it is not safe to leave the crime-doer only because he and the victim have settled the dispute amicably or that the victim has been paid compensation, yet certain crimes have been made compoundable in law, with or without permission of the Court. In respect of serious offences like murder, rape, dacoity, etc; or other offences of mental depravity under Indian Penal Code or offences of moral turpitude under special statutes, like Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between offender and victim can have no legal sanction at all. However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to victim and the offender and victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or F.I.R if it is satisfied that on the face of such settlement, there is hardly any likelihood of offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated. The above list is illustrative and not exhaustive. Each [2025:RJ-JP:36881] (3 of 3) [CRLMP-5688/2025] case will depend on its own facts and no hard and fast category can be prescribed.” The above principles of law have been followed and reiterated by the Apex Court, recently, in case of Naushey Ali and Others Vs. State of Uttar Pradesh [(2025) 4 SCC 78]. 4. The Hon’ble Supreme Court in another case of Ramgopal Vs. The State of Madhya Pradesh [(2022) 14 SCC 531] observed as follows: “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.” 5. In view of legal proposition of law laid down by the Apex Court in aforesaid cases, and considering the nature of offences and the fact that the underlying dispute is private in nature and has been amicably settled between parties; further, acceptance of compromise does not affect public at-large, therefore, this Court deems it just and proper to allow present misc. petition. 6. As a final result, present criminal miscellaneous petition is allowed and the FIR No.290/2025 registered at Police Station Kekri City, District Ajmer, alongwith all consequential proceedings, are hereby quashed. 7. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Sachin/S-187