[2025:RJ-JP:211] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7748/2022 1. Smt. Shanti Devi W/o Shri Chand Mal, Aged About 55 Years, Resident Of Village Nooriyanwas, Police Station Pisangan, District Ajmer. 2. Chand Mal S/o Shri Suraj Karan, Aged About 65 Years, Resident Of Village Nooriyanwas, Police Station Pisangan, District Ajmer. 3. Gyarshi Devi W/o Shri Pratap, Aged About 70 Years, Resident Of Village Nagelav, Police Station Pisangan, District Ajmer. 4. Kailash S/o Shri Panchu, Aged About 50 Years, Resident Of Dantda, Police Station Pisangan, District Ajmer. ----Petitioners Versus 1. State Of Rajasthan, Through P.P. 2. Shri Basti Mal S/o Shri Bhanwar Lal, age about 54 years, Resident Of Dantda, Police Station Pisangan, District Ajmer. 3. Shri Mukesh S/o Shri Chitter, Age about 48 years, R/o Nuriawas, Tehsil Pisangan, District Ajmer. ----Respondents For Petitioner(s) : Mr. Vijay Singh Shekhawat, Adv. For Respondent(s) : Mr. Rishiraj Singh Rathore, PP Mr. Naveen Kumar Sharma, Adv. for complainant HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 02/01/2025 1. By way of this criminal misc. petition under Section 482 of Cr.P.C., the accused-petitioners have approached this Court with a prayer to quash the proceedings pending in Criminal Case [2025:RJ-JP:211] (2 of 4) [CRLMP-7748/2022] No.131/2013 pending in the Court of Civil Judge and Judicial Magistrate, Pushkar, District Ajmer arising out of FIR No.01/2012 registered at Police Station Pisangan, District Ajmer mainly on the ground that the parties have entered into compromise and amicably settled their dispute and now no dispute remains between them. 2. As per the brief facts of the case, complainant-Basti Mal lodged an FIR No. 01/2012 registered at Police Station Pisagan, District Ajmer for the offences punishable under Sections 420, 463, 464, 467, 468, 471, 474 & 120-B of IPC. After investigation charge-sheet against the accused-petitioners- Chand Mal, Shanti Devi, Gyarshi Devi and Kailash was filed before the Magistrate for the offences punishable under Sections 420, 463, 464, 467, 468, 471, 474 & 120-B of IPC 3. During trial on 26.07.2022, complainant and accused- petitioners jointly submitted a compromise under Sections 420, 467, 468, 471, 474 and 120-B of IPC before the trial Court. Trial court attested the compromise under Section 420 IPC as the same is compoundable and acquitted the accused-petitioners on the ground of compromise for the offence punishable under Section 420 IPC. However, learned Magistrate refused to compound the offences punishable under Sections 467, 468, 471, 474 & 120-B of IPC as these offences are non-compoundable. Therefore, this petition has been filed to quash the criminal proceedings on the basis of the compromise arrived at between the parties. 4. Complainant-Basti Mal and Mukesh both are present in the Court and are duly identified by their counsel. [2025:RJ-JP:211] (3 of 4) [CRLMP-7748/2022] 5. Petitioner- Shanti Devi and Chand Mal are present in the Court and are duly identified by their counsel. 6. Heard learned counsel for the parties and perused the material available on record. 7. This Court has interacted with the complainant and they have admitted that both the parties have settled their dispute amicably and the complainant does not want any proceedings against the petitioners. Complainant have also stated that they have arrived at compromise on their own free will. 8. 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. 9. 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 criminal proceedings are liable to be quashed in view of compromise arrived at between the parties although the offences under Sections 467, 468, 471, 474 & 120-B of IPC are non- compoundable. 10. In view of the above, this criminal misc. petition is allowed and the criminal proceedings pending before the Civil Judge and [2025:RJ-JP:211] (4 of 4) [CRLMP-7748/2022] Judicial Magistrate, Pushkar, District Ajmer in Criminal Case No.131/2013 are quashed and set aside on the basis of compromise arrived at between the parties. Consequence to follow. 11. The stay application also stands disposed of. (ASHUTOSH KUMAR),J Mohita /87