LAL BAHADUR YADAV S/O LATE SHRI VISHNUGOPAL v. STATE OF RAJASTHAN
CRLMP/6147/2025 · 2025-11-03
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37909 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37909 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.6147/2025
1. Lal Bahadur Yadav S/o Late Shri Vishnugopal, Aged About 48 Years, Resident Of In Front Of Government Senior Secondary School, Ajmer Road, Heerapura, Jaipur
2. Kishan Yadav S/o Shri Rajpal Yadav, Aged About 34 Years, Resident Of In Front Of Government Senior Secondary School, Ajmer Road, Heerapura, Jaipur
3. Rajpal Singh Yadav S/o Late Shri Vishnugopal Yadav, Aged About 60 Years, Resident Of In Front Of Government Senior Secondary School, Ajmer Road, Heerapura, Jaipur
4. Naresh Yadav S/o Late Shri Vishnugopal Yadav, Aged About 52 Years, Resident Of In Front Of Government Senior Secondary School, Ajmer Road, Heerapura, Jaipur
5. Harish Yadav S/o Late Shri Vishnugopal Yadav, Aged About 50 Years, Resident Of In Front Of Government Senior Secondary School, Ajmer Road, Heerapura, Jaipur ----Petitioners Versus
1. State Of Rajasthan, Through P.p.
2. Rahul Yadav S/o Shri. Dharmendra Yadav, Aged About 31 Years, R/o Government Senior Secondary School, Heerapura,ajmer Road Ke Samne, Heerapura, Ajmer Road, Jaipur ----Respondents For Petitioner(s) : Mr. Arzoo Khan Mr. Rishabh Yadav Mr. Hassimuddin For Respondent(s) : Mr. Amit Punia, PP Mr. Rachit Sharma JUSTICE ANOOP KUMAR DHAND
Order 03/11/2025
(2 of 3) [CRLMP-6147/2025]
1. The present criminal misc. petition has been filed under Section 528 BNSS for quashing the proceedings of the Complaint Case No.23700/2020 pending against the petitioners before the Court of Additional Chief Judicial Magistrate, No.7, Jaipur Metropolitan-I, Jaipur, on the basis of the compromise arrived at between the parties.
2.
Learned counsel for the petitioner submits that upon submission of the charge-sheet against the petitioners, they are facing trial for the offences under Sections 420, 467, 468, 471 & 120B IPC. Learned counsel submits that during pendency of the trial, an application was submitted by the complainant-respondent for compounding the aforesaid offences. Learned counsel submits that the aforesaid application has been partly allowed and the offence punishable under Section 420 IPC has been compounded, but no permission has been granted to compound the offences under Sections 467, 468, 471 and 120B IPC, as the same are not compoundable. Learned counsel submits that in the light of 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 The State of Madhya Pradesh vs. Laxmi Narayan reported in 2019 (5) SCC 688, the proceedings be quashed against the petitioners on the basis of the compromise arrived at between the parties.
3. Per contra, learned Public Prosecutor opposes the prayer, but counsel appearing on behalf of the complainant supported the
arguments of counsel for the petitioners and does not dispute the factum of compromise between the parties and submits that the
(3 of 3) [CRLMP-6147/2025] complainant has no objection in case, the proceedings are quashed against the petitioners.
4. Complainant-respondent has put appearance in person and he has been duly identified by his counsel.
5. In view of the aforesaid compromise and the situations narrated herein above and looking to the fact that the compromise has been arrived at between the parties as well as considering the aforesaid order dated 25.08.2025 passed by the Trial Court and also applying the principles laid down by the Hon’ble Apex Court in the case of Gian Singh (supra) and Laxmi Narayan (supra), this Court deems it just and proper to invoke the inherent powers of this Court contained under Section 528 BNSS.
6. Accordingly, the instant criminal misc. petition stands allowed. The proceedings arising out of the Complaint Case No.23700/2020 pending against the petitioners before the Court of Additional Chief Judicial Magistrate, No.7, Jaipur Metropolitan-I, Jaipur are hereby quashed. The petitioners are discharged from the charges under Sections 467, 468, 471 and 120B IPC.
7. All pending applications, if any, stand disposed of.
(ANOOP KUMAR DHAND),J Karan/82