BABULAL YADAV S/O SHRI SHYONARAYAN v. STATE OF RAJASTHAN
CRLMP/3214/2025 · 2025-12-09
Anoop Kumar Dhand
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 37851 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37851 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:50043] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3214/2025 Babulal Yadav S/o Shri Shyonarayan, Resident Of Radhashwami Bag, Village Jaitpura, Tahsil Chomu, District Jaipur, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through P.p.
2. Prabhudayal Yadav S/o Late Shri Nanuram, Resident Of Kacholiya, Kashba Chomu, Tehsil Chomu, District Jaipur ( Rajasthan). ----Respondents For Petitioner(s) : Mr.Shishram Saini For Respondent(s) : Mr.Rajesh Choudhary, GA-cum-AAG Mr.Amit Punia, PP JUSTICE ANOOP KUMAR DHAND
Order 09/12/2025
1. By way of filing the instant criminal misc. petition, a prayer has been made for quashing the proceedings of the criminal case No.776/2019, pending before the Court of Additional Chief Judicial Magistrate, Chomu, District Jaipur for the offences under Section 420, 467, 468, 471, 365 & 120-B IPC.
2.
Learned counsel for the petitioner submits that during pendency of the trial, the complainant has submitted a compromise in favour of the petitioner indicating therein that he does not wish to prosecute the petitioner.
3. Counsel submits that the learned Court below vide order dated 18.11.2024 has accepted the application in part and compounded the offence under Section 420 IPC, but permission
[2025:RJ-JP:50043] (2 of 3) [CRLMP-3214/2025] has been declined for rest of the offences, i.e., Sections 467, 468, 471, 365 & 120-B IPC as these offences are not compoundable. Counsel submits that the dispute between the parties pertains to personal in nature, therefore, under these circumstances, the pending proceedings may be quashed on the basis of the compromise arrived at between the parties.
4.
Learned counsel for the petitioner has placed reliance upon the judgments passed by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab reported in 2012 (10) SCC 303 and in the case of The State of Madhya Pradesh vs. Laxmi Narayan reported in 2019 (5) SCC 688.
5. Learned Public Prosecutor opposes the arguments raised by counsel for the petitioner.
6. In view of the aforesaid compromise and the situations narrated hereinabove and looking to the fact that a compromise has been arrived at between the parties, and also applying the principles laid down by the Apex Court in the case of Gian Singh (supra) and Laxmi Narayan (supra), this Court deems it just and proper to invoke inherent powers of this Court contained under Section 528 BNSS.
7. Accordingly, the instant criminal misc. petition stands allowed. The petitioner is discharged from the charge under Sections 467, 468, 471, 365 & 120-B IPC. The criminal proceedings arising out the of Criminal Case No.776/2019, pending before the Court of Additional Chief Judicial Magistrate, Chomu, District Jaipur against the petitioner are quashed.
[2025:RJ-JP:50043] (3 of 3) [CRLMP-3214/2025]
8. The stay application and all pending applications, if any, stand disposed of.
(ANOOP KUMAR DHAND),J Aayush Sharma /28