[2025:RJ-JP:9271] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 925/2025 1. Sayeed Khan @ Munna S/o Kallu Khan, Aged About 38 Years, R/o 72, Edgah Kacchi Basti, Dilli Bypass Road, Police Station Galta Gate, Jaipur. 2. Parvej @ Lal S/o Alladeen, Aged About 38 Years, R/o Plot No. Zz 69, Edgah Kacchi Basti, Dilli Bypass Road, Police Station Galta Gate, Jaipur. ----Accused-Petitioners Versus 1. State of Rajasthan, through Public Prosecutor 2. Mohammad Irfan Qureshi S/o Kamruddin Qureshi, R/o House No. 4594, Shikariyon Ka Mohalla, Sanjay Market, Jaipur. ----Respondents For Petitioner(s) : Mr. Mohammed Anees, Advocate For Respondent(s) : Mr. Tapesh Agarwal, Public Prosecutor Mr. Nasir Khan, Advocate HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 03/03/2025 Instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred on behalf of the accused- petitioners with the prayer for quashing the impugned F.I.R. No.463/2015 registered at Police Station Amer Jaipur City (North) for offences punishable under Sections 420 & 406 of I.P.C. alongwith all subsequent proceedings in terms of compromise. In the present case, during trial, the accused-petitioners and the complainant-respondent No.2 had entered into a compromise dt.29.01.2025 and the dispute between them had amicably been settled. The trial Court, vide its order dated 19.02.2025, had attested the compromise & acquitted the accused-petitioners for offence punishable under Sections 420 & 406 of I.P.C. but kept pending the trial [2025:RJ-JP:9271] (2 of 3) [CRLMP-925/2025] for offences punishable under Sections 467, 468, 471 & 120-B of I.P.C. as the same are non-compoundable. Learned counsel appearing for the accused-petitioners has argued that as the complainant-respondent No.2 & the petitioners have already entered into a compromise and on the basis of it, the petitioners has been acquitted for the offences punishable under Section 406 & 420 of I.P.C., there is no possibility of conviction of the petitioners 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 petitioners for the remaining offences as the same may derail the compromise arrived at between them. In support of their submissions, learned counsel appearing for the parties, have also placed reliance on the following decisions of the Hon’ble Supreme Court in cases of Gian Singh vs. State of Punjab, (2012) 10 SCC 303, State of M.P. V/s Laxmi Narayan & Ors. [AIR 2019 SC 1296] & Narinder Singh & Others Vs. State of Punjab & Another, 2014 CRLR (SC) 351. Learned Public Prosecutor for the State has opposed the submissions made by the learned counsel appearing for the accused- petitioners, whereas the learned counsel appearing for the complainant/ respondent No.2 has no objection, if the proceedings for the remaining offences are dropped against the petitioners, as the parties have already entered into a compromise. Having considered the overall facts and circumstances of the case & looking to the fact that since the compromise has been arrived at between the petitioners & the respondent No.2, there is no possibility of the petitioners being convicted in the case pending against them [2025:RJ-JP:9271] (3 of 3) [CRLMP-925/2025] before the Court concerned. Further when once the disputes have been settled by way of mutual compromise, no useful purpose would be served in keeping the criminal proceedings pending. 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 petitioners can be quashed while exercising powers under Section 528 of B.N.S.S. 2023. Accordingly, instant petition is allowed. The impugned F.I.R. No.463/2015 registered at Police Station Amer Jaipur City (North) alongwith all subsequent proceedings is, hereby, quashed qua the present petitioners in terms of compromise. Pending application, if any, also stands disposed of. (VINOD KUMAR BHARWANI),J ASHOK/