MOHAMMAD NOOR KHAN S/O SH. ABDUL HAKIM v. STATE OF RAJASTHAN
CRLMP/6921/2025 · 2025-11-27
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44720 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44720 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:48278] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6921/2025
1. Mohammad Noor Khan S/o Sh. Abdul Hakim, Aged About 90 Years, R/o Badora, P.s. Mothpur, Distt. Baran.
2. Kamalkant S/o Rampratap, R/o H.b. Colony, Baran, Raj.
3. Dhanraj S/o Sh. Jagdish, R/o Badora, P.s.mothpur, Distt. Baran. ----Petitioners Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Tayyab Ali Khan S/o Abdul Rauf, R/o Badora, Tehsil Baran, Distt. Baran. ----Respondents For Petitioner(s) : Mr.Sajid Ali For Respondent(s) : Mr.Vivek Choudhary, PP Mr.Devi Singh, PP Mr.Dinesh Chand Sharma JUSTICE ANOOP KUMAR DHAND
Order 27/11/2025
1. The instant petition has been filed for quashing the proceedings of case No.326/2019 pending before the Court of Additional Chief Judicial Magistrate, Atru, District Baran under Sections 467, 468 & 471 of IPC against the accused-petitioners on the basis of the compromise arrived at between the parties.
2.
Learned counsel for the petitioners submits that during pendency of the appeal, the complainant has submitted a compromise in favour of the petitioners, which has been partly accepted by the trial Court to the extent of the offences under Sections 420 and 120-B of IPC, but the trial Court refused to grant
[2025:RJ-JP:48278] (2 of 3) [CRLMP-6921/2025] permission for the rest of the offences, i.e., Sections 467, 468 & 471 of IPC on the grounds that these offences are not compoundable.
3. Counsel for the petitioners has placed reliance upon 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 in the case of The State of Madhya Pradesh vs. Laxmi Narayan reported in 2019 (5) SCC 688.
4. Complainant has put appearance in-person and has been duly identified by his counsel. The complainant accepts the factum of compromise between the parties and has no objection in case, the impugned proceedings are quashed against the petitioners on the basis of the compromise.
5. Heard and considered the submissions made at Bar and perused the material available on the record.
6. In view of the aforesaid compromise arrived at between the parties and looking to the fact that the parties have amicably settled the dispute and now the complainant does not wish to prosecute the petitioner, and also applying the principles laid down by the Hon’ble Apex Court in the cases 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.
7. Accordingly, the instant criminal misc. petition stands allowed. The petitioner is discharged from the charge under Sections 467, 468 & 471 of IPC in Criminal Case No.326/2019 pending before the Court of Additional Chief Judicial Magistrate, Atru, District Baran.
[2025:RJ-JP:48278] (3 of 3) [CRLMP-6921/2025]
8. The stay application and all pending applications, if any, stand disposed of.
(ANOOP KUMAR DHAND),J Aayush Sharma /44