Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 11352 (RAJ)

SURESH KUMAR v. STATE OF RAJASTHAN

CRLMP/6921/2026 · 2026-08-10

Kuldeep Mathur

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:38097] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous (Petition) No. 6921/2026 CNR: RJHC010790222026 | URN: CRLMP / 12133U / 2026 1. Suresh Kumar S/o Shanker Lal, Aged About 25 Years, Bersafali Malera Police Station Pindwara District Sirohi 2. Deeta Ram S/o Lasma Ram, Aged About 22 Years, Bhuri Nadi Fali Malera Police Station Pindwara District Sirohi 3. Gopal Ram S/o Late Bharma Ram, Aged About 21 Years, Ubriyalafi Gharat Police Station Pindwara District Sirohi ----Petitioners Versus 1. State Of Rajasthan, Through PP 2. Ujma Ram S/o Vaja Jee, Jhadoli Pipliya Kunwa Police Station Pindwara District Sirohi Rajasthan ----Respondents For Petitioner(s) : Mr. Sikander Khan. For Respondent(s) : Mr. Pawan Kumar Bhati, PP. Mr. Naved Khan Sindhi. HON'BLE MR. JUSTICE KULDEEP MATHUR Order 10/08/2026 The instant criminal misc. petition under Section 528 of BNSS has been filed by the petitioners seeking quashing of the order dated 07.07.2026 passed by the learned Judicial Magistrate, Pindwara, District Sirohi in Criminal Original Case No.246/2024 (CIS No.305/2024) whereby the learned court below has refused to compound the offences under Sections 457 and 380 IPC. Learned counsel for the petitioner submitted that the petitioners and the complainant have settled their disputes and have arrived at a compromise. The said compromise was submitted before the learned court below by filing an application under Section 320 Cr.P.C., however, the learned court below, [2026:RJ-JP:38097] (2 of 2) [CRLMP-6921/2026] rejected the application and refused to compound the offences under Sections 457 and 380 IPC. Learned counsel for the petitioners has placed reliance on the decision of Hon’ble the Supreme Court in the cases of Gian Singh Vs. State of Punjab & Anr. reported in (2012)10 SCC 303]. He therefore prayed that the impugned order as well as entire criminal proceedings pending against the petitioners may kindly be quashed. Learned counsel for the complainant concurs the factum of compromise and submits that in view of the compromise, the complainant is not inclined to proceed further in the matter. In view of the compromise arrived at between the parties and applying the ratio in decision of Gian Singh (Supra), this Court deems it just and proper to invoke inherent powers under Section 528 of BNSS Accordingly, the instant misc. petition is allowed. The impugned order dated 07.07.2026 passed by the learned Judicial Magistrate, Pindwara, District Sirohi in Criminal Original Case No.246/2024 (CIS No.305/2024) is quashed and set aside. All further proceedings of the Criminal Original Case No.246/2024 (CIS No.305/2024) against the petitioners pending in the court of learned Judicial Magistrate, Pindwara, District Sirohi are hereby quashed and set aside. (KULDEEP MATHUR),J 54/Tikam Daiya