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2026 DAILYLAW 11986 (RAJ)

SADIK HUSSAIN S/O SHAMSHUDDIN MANSURI v. STATE OF RAJASTHAN

CRLMP/4651/2026 · 2026-08-12

Anil Kumar Upman

body2026

Judgment text

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[2026:RJ-JP:31864] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4651/2026 CNR: RJHC020684042026 | URN: CRLMP / 10688U / 2026 Sadik Hussain S/o Shamshuddin Mansuri, Aged About 69 Years, R/o Janta Colony, Deoli, Tehsil Deoli, Distt. Tonk (Raj.) ----Accused-Petitioner Versus 1. State Of Rajasthan, Through P.P. ----Respondent 2. Tikamchand S/o Bajranglal, Aged About 37 Years, R/o Workshop Colony, Bisalpur Dam, Ward No.1, Rajmahal Tehsil Deoli, Distt. Tonk Raj. ----Complainant/Respondent For Petitioner(s) : Mr. Praveen Kumar Jain, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Vivek Choudhary, PP and Ms. Rekha Arora, Adv., for complainant. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/08/2026 1. By way of this criminal misc. petition under Section 528 of BNSS, the petitioner has approached this Court with a prayer to quash the FIR No.253/2017 registered at Police Station Deoli, District Tonk for offences punishable under Sections 420, 406, 120-B, 467, 468 and 471 of IPC, on the basis of compromise. 2. Parties are present in person. They have duly been identified by their respective counsel. 3. Learned counsel for the petitioner submits that Investigating Agency filed charge-sheet against three co-accused persons for the offences punishable under Sections 420, 406, 120-B, 467, 468 [2026:RJ-JP:31864] (2 of 3) [CRLMP-4651/2026] and 471 of IPC. However, report under Section 299 of Cr.P.C. was filed against the petitioner and he was declared absconder. Counsel submits that in the FIR, there is no specific allegations against the petitioner. Counsel submits that now dispute has been resolved between the parties by way of amicable settlement and perusal of the FIR would reveal that dispute is of personal nature with regard to the property. Counsel submits that in these circumstances, looking to the settlement arrived at between the parties, no purpose would be served by sending the petitioner behind the bars and further proceedings in the impugned FIR are fruitless and continuation thereof would be a futile exercise and a waste of precious judicial time and resources. The copy of written compromise has been annexed with this petition. It is also submitted that the petitioner is aged about 70 years and was not the party to the agreement, therefore, in view of the peculiar facts and circumstances of the case, impugned FIR may be quashed on the basis of compromise arrived at between the parties. 4. Learned counsel appearing for complainant does not dispute the factum of compromise. She submits that complainant has no objection if impugned FIR pending against the petitioner is quashed. 5. In view of the aforesaid and considering the submissions made on behalf of the respective parties; the material made available for perusal; considering the fact that parties have resolved their dispute amicably and also finding that the present case is wholly covered by the principle of law laid down by Hon'ble the Supreme Court in the case of Gian Singh vs. State of [2026:RJ-JP:31864] (3 of 3) [CRLMP-4651/2026] Punjab & Anr. reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. vs. Choudhary Bhajan Lal & Ors. reported in AIR 1992 SC 604 and as such, the impugned FIR is liable to be quashed in view of compromise arrived at between the parties. 6. In view of the above, this Criminal Misc. Petition is allowed and the FIR No.253/2017 registered at Police Station Deoli, District Tonk along with all consequential criminal proceedings arising out of it are quashed and set aside. Consequence to follow. 7. Stay application and pending application(s), if any, also stand disposed of. (ANIL KUMAR UPMAN),J 145/MADAN