[2025:RJ-JP:40209] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6271/2025 1. Sharif Alias Kalu S/o Mohammed Saddik, R/o House No. 42 Noorani Masjid Ke Paas Jalupura, Jaipur (Raj.) 2. Noor Mohammed S/o Pappu Mohammed, R/o House No. 24 Noorani Masjid Ke Paas Jalupura, Jaipur (Raj.) 3. Hanif Khan Alias Hanifa S/o Gani Khan Mohammed Saddik, R/o House No. 42, Jalupura, Jaipur (Raj.) 4. Mohammed Shafi S/o Annu Khan, R/o House No. 153 Main Road Jalupura, Jaipur (Raj.) 5. Mohammed Irfan Alias Dholya S/o Mohammed Saddik, R/ o House No. 42 Noorani Masjid Ke Paas Jalupura, Jaipur (Raj.) 6. Mohammed Salim S/o Annu Khan, R/o House No. 153 Noorani Masjid Ke Paas, Jalupura, Jaipur (Raj.) 7. Mohammed Arif Alias Naru S/o Mohammed Shafik, R/o House No. 153 Noorani Masjid Ke Paas, Jalupura, Jaipur (Raj.) ----Petitioners Versus 1. State of Rajasthan through P.P. 2. Mohammed Javed S/o Shree Mohammed Salim, R/o 193- 194, Hotel Mugal Samrath, Main Jalupura Police Station Jalupura, Jaipur (Raj. 3. Shahajad Khan S/o Mohammed Saleem, R/o 193-194, Main Road Jalupura, Jaipur Rajasthan 4. Shoiab Khan S/o Iqbal Khan, R/o Main Road Jalupura, Jaipur, Rajasthan 5. Naushad Khan S/o Mohammed Saleem, R/o 193-194, Sansar Chand Road, Jalupura, Jaipur, Rajasthan 6. Mohammad Wasim Khan S/o Mohammed Iliyas Khan, R/o 194, Noorjaha Parshad Ki Gali, Jalupura, Jaipur, Rajasthan 7. Mo. Asif Ali S/o Mohammed Shakil, R/o 193-194, Main Road, Jalupura, Jaipur, Rajasthan 8. Mohammed Salim S/o Haji Abdul Sattar, R/o 193-194, M.i. Road, Jalupura, Jaipur, Rajasthan 9. Gulam Nabi S/o Mohd. Yousuf, R/o 194 Purana Jalupura, Jaipur, Rajasthan ----Respondents For Petitioner(s) : Mr. Javed Mohd. Khan For Respondent(s) : Mr. Rishi Raj Singh [2025:RJ-JP:40209] (2 of 4) [CRLMP-6271/2025] HON'BLE MR. JUSTICE SUDESH BANSAL Order 03/10/2025 1. A prayer has been made to quash the proceedings of Sessions Case No. 11/2020: State Vs. Sharif @ Kalu, pending before the Court of Additional Sessions Judge No.5, Jaipur Metropolitan II, arising out of FIR No. 45/2020 registered at Police Station Jalupura, Jaipur City (North) for offences under Sections 143, 341, 323, 427, 452 and 382 IPC, on the basis of compromise arrived at between the parties. 2. It has, inter alia, been stated that due a minor issue at hotel, some scuffle/quarrel ensued between parties and later on with the indulgence of friends and relatives, parties have mutually settled the dispute and sort out their misunderstanding and do not wish to continue the criminal proceedings. A written compromise was submitted before the trial Court, which has been attested vide order dated 03.12.2024 for offences under Sections 323, 341, 427 and 325 only and have not been attested for offences under Sections 147, 148, 149, 324, 452, 382 and 308 IPC being non- compoundable. The certified copy of the order dated 03.12.2024 has been placed on record. 3. It has jointly been submitted that the dispute between the parties has been mutually settled in terms of compromise, therefore, the impugned FIR may be quashed in terms of the compromise arrived at between the parties. 4. The Hon’ble Supreme Court in case of Gian Singh Vs. State of Punjab[(2012) 10 SCC 303] observed as follows: [2025:RJ-JP:40209] (3 of 4) [CRLMP-6271/2025] “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 case will depend on its own facts and no hard and fast category can be prescribed.” [2025:RJ-JP:40209] (4 of 4) [CRLMP-6271/2025] 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]. 5. 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.” 6. In view of legal proposition of law laid down by the Apex Court in aforesaid cases, this Court finds that the inter se dispute has been amicably settled down by the parties, therefore, it is insignificant to continue prosecution against the petitioners, hence, this Court deems it just and proper to allow present criminal misc. petition. 7. As a final result, present criminal miscellaneous petition is allowed and proceedings of Sessions Case No. 11/2020: State Vs. Sharif @ Kalu, pending before the Court of Additional Sessions Judge No.5, Jaipur Metropolitan II, arising out of FIR No. 45/2020 registered at Police Station Jalupura, Jaipur City (North), are hereby quashed. 8. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J NITIN /55