[2025:RJ-JP:13836] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1447/2025 1. Smt. Santosh Choudhary W/o Vikas Kherwa, Aged About 39 Years, R/o Dhani Kherwa, Tan- Jhadli, Police Station- Thoi, District- Sikar (Raj). 2. Shr Vikas Kherwa S/o Late Shri Ram Singh Kherwa, Aged About 40 Years, R/o Dhani Kherwa, Tan- Jhadli, Police Station- Thoi, District- Sikar (Raj). 3. Shri Mahendra Singh Jakhar S/o Shri Prabhu Ram Jhakhar, Aged About 49 Years, R/o Malum Singh Dhani, Purana Bas, Police Station- Neem Ka Thana, District Neem Ka Thana (Raj). ----Petitioners Versus 1. State Of Rajasthan, Through P.P. 2. Shri Jawahar Lal S/o Shri Sanna Ram, Aged About 37 Years, R/o Khachariyawas, Police Station- Dataramgarh, District - Sikar (Raj). ----Respondents For Petitioner(s) : Mr. Yash Thakar For Respondent(s) : Mr. Manvendra Singh Shekhawat, P.P. Mr. Ranvijay Singh HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 26/03/2025 1. The instant criminal misc. petition has been filed under Section 528 B.N.S.S. for quashing of proceedings of Criminal Case No.1893/2012 (CIS No.16740/2014) titled as State v. Santosh Choudhary & Ors. pending before the Court of learned Additional Chief Metropolitan Magistrate, No.1, Jaipur Metropolitan-II, Jaipur, arising out of F.I.R. No.447/2009, registered at Police Station Jhotwara, District Jaipur City (South), for the offence(s) punishable under Section(s) 420, 465, 467, 468, 471 & 120B I.P.C. [2025:RJ-JP:13836] (2 of 3) [CRLMP-1447/2025] 2. It is submitted by learned counsel for the petitioners that the dispute in between the parties has been resolved through an amicable settlement and now, there remains no controversy in between them and the parties do not wish to continue the criminal proceedings further. Learned counsel further submits that the parties moved a compromise application before the learned Trial Court for attesting the compromise for the offence(s) under Section(s) 420, 467, 468, 471 & 120B I.P.C. The Trial Court, vide its order dated 14.02.2025, had attested the compromise & acquitted the petitioners for offence punishable under Section 420 I.P.C. but kept pending the trial for offence under Sections 468, 471 & 120B I.P.C., as the same are non-compoundable. 3. On the other hand, learned counsel appearing for complainant-respondent No.2 admits the factum of compromise and submits that the complainant-respondent No.2 has no objection if the F.I.R. and the proceedings in pursuance thereof are quashed on the basis of compromise entered in between the parties. 4. Learned Public Prosecutor has opposed the submissions made herein-above. 5. Heard learned counsel for the parties and perused the material available on record more particularly the nature of allegation(s) and the compromise deed executed in between the parties. 6. The parties have resolved their dispute amicably and do not wish to continue the criminal proceedings and have jointly prayed for quashing of the same. [2025:RJ-JP:13836] (3 of 3) [CRLMP-1447/2025] 7. The Hon’ble Supreme Court in the case of Gian Singh Vs. State of Punjab [(2012) 10 SCC 303], has propounded that if it is convinced that offences are entirely personal in nature and do not affect the public peace or tranquility and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, the High Court should not hesitate to quash the same by exercising the inherent powers vested in it. 8. Here in this case, though the said offences are non- compoundable, but the parties have settled the dispute amicably and that is essentially in between the parties which is not affecting public peace and tranquility, therefore, with a view to maintain the harmony and to resolve the dispute finally in between the parties, it is deemed appropriate to quash the F.I.R. and all further proceedings undertaken in pursuance thereof. 9. Accordingly, the criminal misc. Petition is allowed and the F.I.R. mentioned above, and all further proceedings including the proceedings pending in the Court of learned Additional Chief Metropolitan Magistrate, No.1, Jaipur Metropolitan-II, Jaipur in Criminal Case No. 1893/2012 (CIS No.16740/2014) titled as State v. Santosh Choudhary & Ors., are hereby quashed & set aside. 10. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAHIL SONI /320