[2025:RJ-JP:2688] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 297/2025 1. Dharmendra Kumar Regar S/o Janender Regar, Aged About 41 Years, R/o 42A, Ambedkar Nagar, Emli Phatak Jaipur, Police Station Jayoti Nagar (Jaipur City), District Jaipur, Rajasthan. 2. Ashok Kumar S/o Buddalal, Aged About 34 Years, R/o Kua Gav, Polise Station Banwash, District Swai Madhopur, Rajasthan. 3. Rajendra Kumar S/o Ramkishor Khatik, Aged About 40 Years, R/o Plot No. C63, JDA Colony Colony, Agra Road, Police Station Kanota (Jaipur Rural), District Jaipur, Rajasthan. 4. Mukesh Kumar S/o Kedar Parshad Sharma, Aged About 49 Years, R/o House No. 106, Prem Nagar, Ramvihar Colony, Police Station Kanota (Jaipur Rural), District Jaipur, Rajasthan. 5. Gajraj Rajput S/o Jayram Rajput, Aged About 59 Years, R/o Plot No. 55 Mukesh Nagar, Police Station Jawahar Nagar (Jaipur City), District Jaipur, Rajasthan. 6. Ramswrup Navriya S/o Shankar Lal, Aged About 48 Years, R/o Plot No. A-5, Mandi Khatikan, Police Station Ramganj (Jaipur City), District Jaipur, Rajasthan. ----Petitioners Versus 1. State Of Rajasthan, Through P.P. 2. Kishor Bhattachariya S/o Mahant Shiv Prakash, Aged About 48 Years, R/o Ward No.-1, Chudsigh Ki Haveli Amer, Police Station Amer (Jaipur City North), District Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Khizer Iqbal Khan, Adv. For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Vipul Kumar Jaiman, Adv. for respondent no.2 [2025:RJ-JP:2688] (2 of 4) [CRLMP-297/2025] HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 20/01/2025 1. By way of this criminal misc. petition under Section 528 BNSS, 2023 the accused-petitioners have approached this Court with a prayer to quash the criminal proceedings pending before the learned Special Judicial Magistrate (Mobile) No.2, Jaipur, District Jaipur (Raj.) in Criminal Case No.4360/2021, 375/2010, 349/2015 titled as State Vs. Dharmendra & Others mainly on the ground that the parties have entered into compromise and amicably settled their dispute and now no dispute remains between them. 2. The complainant-Kishor Bhattachariya lodged an FIR No.297/2010 registered at Police Station Amer, District Jaipur City (North), Rajasthan for the offences punishable under Sections 143, 323 & 504 of IPC against the petitioners and after investigation charge-sheet for the offences punishable under Sections 147, 323, 341 & 504 of IPC was submitted before the learned Trial Court. 3. During the trial, complainant and the accused-petitioners submitted a compromise deed before learned Trial Court for the offences punishable under Sections 147, 341, 323 & 504 of IPC. Learned Trial Court attested the compromise under Sections 323, 341 and 504 IPC as the same are compoundable and acquitted the accused-petitioners on the ground of compromise for the offences punishable under Sections 323, 341 and 504 IPC. However, [2025:RJ-JP:2688] (3 of 4) [CRLMP-297/2025] learned Trial Court refused to compound the offence punishable under Section 147 of IPC as this offence is non-compoundable. Now, the trial for the offence punishable under Section 147 of IPC is pending against the petitioners, therefore, this petition has been filed for quashing of the criminal proceedings pending against the petitioners on the basis of compromise arrived at between the parties. 4. Learned counsel for the complainant accepts the factum of compromise arrived at between the parties. 5. Heard learned counsel for the parties and perused the material available on record. 6. The order of attesting the compromise between the parties is annexed with the petition which shows that the parties have settled their dispute amicably and the compromise deed has been attested for the compoundable offences. 7. The charge-sheet which was filed against the accused- petitioners contained both the offences compoundable as well as of non-compoundable. Learned trial Court has attested the compromise in compoundable offences, however, refused to attest the compromise in non-compoundable offences. 8. 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 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 [2025:RJ-JP:2688] (4 of 4) [CRLMP-297/2025] criminal proceedings are liable to be quashed in view of compromise arrived at between the parties although the offence under Section 147 of IPC is non-compoundable. 9. In view of the above, this criminal misc. petition is allowed and the criminal proceedings pending before the learned Special Judicial Magistrate (Mobile) No.2, Jaipur, District Jaipur (Raj.) in Criminal Case No.4360/2021, 375/2010, 349/2015 are quashed and set aside on the basis of compromise arrived at between the parties. Consequence to follow. 10. The stay application also stands disposed of. (ASHUTOSH KUMAR),J Mohita /80