[2025:RJ-JP:8725] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 776/2025 Yusuf Khan Son of Nawab Ali Khan, Aged About 58 Years, Resident Of House No. 40, Vaibhav Nagar, Police Lines Kota, Police Station Nayapura, District Kota Rajasthan ----Accused-Petitioner Versus 1. State of Rajasthan, Through Public Prosecutor 2. Salma Wife of Late Mo. Ajjam Ali, Aged About 57 Years, Resident of Near Resale Wale Masjid, Chawni Kota 3. Mujjafar Ali Son of Late Mo. Ajjam Ali, Aged About 57 Years, Resident Of Near Resale Wale Masjid, Chawni Kota 4. Mushtaq Ali Son of Late Mo. Ajjam Ali, Aged About 57 Years, Resident Of Near Resale Wale Masjid, Chawni Kota 5. Asma Khanam Daughter of Late Mo. Ajjam Ali Wife Of Shri Ansaar Aehmad, Aged About 43 Years, Resident Of 3-Kha-32, Gandhi Grah Vigyan Nagar Kota Raj. 6. Aamna Mirja Wife of Mirja Nafees Beg Daughter Of Late Mo. Ajjama Li, Aged About 33 Years, Residentof N-304, Raj Residency, R.k. Nagar, Kota Raj. ----Respondents For Petitioner(s) : Mr. Sudarshan Kumar Laddha, Advocate For Respondent(s) : Mr. Nitin Kumar Sharma, Advocate Mr. Jai Prakash Tiwari, Public Prosecutor HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 27/02/2025 Instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred by the accused-petitioner against the judgment dt.10.04.2019 passed by Court of Additional Chief Judicial Magistrate, No.6, Kota, in Criminal Regular Case No.498/2015 whereby ld. Magistrate has convicted the petitioner for offences under Sections 420, 467 & 468 of I.P.C. & sentenced him to undergo five [2025:RJ-JP:8725] (2 of 3) [CRLMP-776/2025] years simple imprisonment with fine of Rs.50,000/- & in default of payment thereof, to further undergo one month simple imprisonment. The petitioner/accused has also challenged the order dt.03.09.2024 passed by Court of Additional Sessions Judge, Women Atrocities Cases, No.1, Kota, in Criminal Appeal Nos.147/2019, whereby the ld. Judge, attested the compromise for offence u/s.420 of I.P.C. & kept pending the appeal for further hearing. In the present case, during pendency of appeal, the petitioner and the legal heirs of deceased complainant had entered into a compromise and the dispute between them had amicably been settled. The parties moved an application alongwith the compromise before the ld. Appellate Court for attesting the compromise for offences punishable under Section 420 of I.P.C. The ld. Appellate Court, vide its order dated 03.09.2024, had attested the compromise & acquitted the petitioner for the aforesaid offence as the same is compoundable but kept pending the appeal for further hearing, as the remaining offences are non-compoundable. Learned counsel appearing for the accused-petitioner has argued that since the respondents & the petitioner have already entered into a compromise and on the basis of it, the petitioner has been acquitted for the offence under Section 420 of I.P.C., there is no possibility of conviction of the petitioner for the remaining offences. It is further argued that since the compromise has been arrived at between the parties by way of mutual consent, no useful purpose would be served in continuing the trial against the petitioner for the remaining offences, as the same may derail the compromise arrived at between them. Learned Public Prosecutor for the State has opposed the submissions made by the learned counsel appearing for the accused- [2025:RJ-JP:8725] (3 of 3) [CRLMP-776/2025] petitioner, whereas the learned counsel appearing for the respondents has no objection, if the proceedings for the remaining offences are dropped against the petitioner, as the parties have already entered into a compromise. Having considered the overall facts & circumstances of the case & looking to the fact that since the compromise has been arrived at between the petitioner & the respondents, there is no possibility of the petitioner being convicted in the case pending against him before the Court concerned. Further when once the disputes, if any, have been settled by way of mutual compromise, no useful purpose would be served in keeping the criminal proceedings pending. Furthermore, keeping in view the observations made by the Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab & Another, JT 2012 (9) S.C. 426, this Court is of the opinion that it is a fit case, wherein the criminal proceedings pending against the petitioner can be quashed while exercising powers under Section 528 of B.N.S.S. 2023. Accordingly, instant petition is allowed. The impugned judgment dt.10.04.2019 passed by the ld. Trial Court is quashed & set aside. The criminal proceedings pending before the Court of Additional Sessions Judge, Women Atrocities Cases No.1, Kota, in Criminal Appeal No.147/2019 alongwith impugned F.I.R. No.134/2003 registered at Police Station Dadabadi Kota are, hereby, quashed. Pending application, if any, also stands disposed of. (VINOD KUMAR BHARWANI),J ASHOK-Rishi