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[2025:RJ-JP:49453] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.7897/2025 Nayeem S/o Mastan, Aged About 36 Years, R/o House No. 490, Bas Badanpura, Tikigaron Ka Mohalla, Rahim Nagar, P.s. Galta Gate, Jaipur. ----Petitioner Versus
1. State Of Rajasthan, Through P.p.
2. Farid Mohammad S/o Shafi Mohammad, R/o House No. 705, Mohalla Goriyan, Bas Badanpura, Jaipur. ----Respondents For Petitioner(s) : Mr. Mohammad Anees For Respondent(s) : Mr. Vivek Choudhary, PP Mr. Yenu Satyam JUSTICE ANOOP KUMAR DHAND
Order 04/12/2025
1. The present criminal misc. petition has been filed under Section 528 BNSS for quashing the proceedings arising out of the FIR No.176/2013 registered at Police Station Ramganj, District Jaipur City (North) for offences under Sections 420 & 406 IPC, on the basis of the compromise arrived at between the parties.
2.
Learned counsel for the petitioners submits that upon submission of the charge-sheet against the petitioners, they are facing trial for the offences under Sections 420, 406 and 120-B IPC. Learned counsel submits that during pendency of the trial, an application was submitted by the complainant-respondent for compounding the aforesaid offences. Learned counsel submits that the aforesaid application has been partly allowed and the offence
[2025:RJ-JP:49453] (2 of 3) [CRLMP-7897/2025] punishable under Sections 420 & 406 IPC has been compounded, but no permission has been granted to compound the offences under Section 120-B IPC, as the same is not compoundable.
Learned counsel submits that in light of 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 The State of Madhya Pradesh vs. Laxmi Narayan reported in 2019 (5) SCC 688, the proceedings arising out of the impugned FIR be quashed against the petitioners on the basis of the compromise arrived at between the parties.
3. Per contra, learned Public Prosecutor opposes the prayer, but counsel appearing on behalf of the complainant supported the
arguments of counsel for the petitioners and does not dispute the factum of compromise between the parties and submits that the complainant has no objection in case, the proceedings arising out of the impugned FIR are quashed against the petitioners.
4. In view of the aforesaid compromise and the situations narrated herein above and looking to the fact that the compromise has been arrived at between the parties as well as considering the
order dated 12.03.2024 passed by the Trial Court and also applying the principles laid down by the Hon’ble Apex Court in the case 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.
5. Accordingly, the instant criminal misc. petition stands allowed. The proceedings arising out of the impugned FIR No. 176/2013 registered at Police Station Ramganj, District Jaipur City (North) pending against the petitioners before the Court below are
[2025:RJ-JP:49453] (3 of 3) [CRLMP-7897/2025] hereby quashed. The petitioner is discharged from the charges under Section 120-B IPC.
6. Stay application as well as all pending applications, if any, stand disposed of.
(ANOOP KUMAR DHAND),J Karan/131