[2025:RJ-JP:24868] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3655/2025 Sandeep Soral S/o Shri Jagendranath Soral, R/o New Post Office Road, Kota Junction, Kota (Raj.) ----Petitioner Versus 1. State Of Rajasthan, through PP 2. Vimal Kumar Jain S/o Shri Suwalal Jain, R/o Ballabhbadi, Gumanpura, Kota (Raj.) ----Respondents For Petitioner(s) : Mr. Mrityunjya Sharma, Adv For State : Mr. M.S. Shekhawat, PP Mr. Samarth Sharma, Adv. HON'BLE MR. JUSTICE SAMEER JAIN Judgment 07/07/2025 1. This petition under Section 528 of BNSS is filed with a prayer to quash the impugned order dated 22.05.2025 passed in criminal case No.5781/2014 titled as State of Rajasthan Vs. Kamal & Anr. whereby the learned Court had partly accepted the application made therein on the basis of compromise, i.e. upto to the extent of compoundable offences under Sections 420 and 406 of IPC and the present petition is filed for acknowledgment of compromise vis-a-vis the non compoundable offence under Section 120-B of IPC. 2. Learned counsel for the parties have submitted that the a compromise has been entered into the respective sides. It is submitted that the compromise is already acknowledged by the learned Trial Court upto the extent of compoundable offences. The [2025:RJ-JP:24868] (2 of 3) [CRLMP-3655/2025] parties are before this Court for consideration of quashing of the FIR vis-a-vis the provisions of Section 120B of IPC. 3. Heard and considered. 4. At the outset, this Court deems it appropriate to place reliance upon the judgment passed by the Hon’ble Apex Court in Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] and Ramgopal Vs. The State of Madhya Pradesh reported in [2022 (14) SCC 531], relevant portion of which is reproduced below: “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.” 5. In view of the said legal position, laid down by the Hon’ble Apex Court in aforementioned cases, and considering the fact that the dispute deals in personam and has amicably been settled between/by the parties; that the matter before this Court for quashing of charges/allegations leveled under the provisions of Section 120-B of IPC which is non-compoundable in nature, and qua the remaining allegations made under Sections 406, 420 of IPC, the learned Trial Court has already acknowledged the compromise, this Court deems it appropriate to allow the present misc. Petition. The compromise is taken on record. [2025:RJ-JP:24868] (3 of 3) [CRLMP-3655/2025] 6. Considering the aforementioned, the present criminal miscellaneous petition is allowed and the order dated 22.05.2025 passed in criminal case No.5781/2014 titled as State of Rajasthan Vs. Kamal & Anr. is hereby quashed and set aside. Accordingly, FIR bearing No.22/2004 registered at Police Station Udyog Nagar, District Kota, alongwith its all consequential proceedings stands quashed and set aside. 7. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of. (SAMEER JAIN),J CHANDAN /328