ARUN KUMAR TRIPATHI SON OF RAMAPATI v. THE STATE OF RAJASTHAN
CRLMP/5100/2026 · 2026-08-10
Anil Kumar Upman
body2026
DailyLaw.ai
[ 2026 DAILYLAW 12042 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12042 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:31399] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5100/2026 CNR: RJHC020743662026 | URN: CRLMP / 11808U / 2026
1. Arun Kumar Tripathi Son of Ramapati, Aged About 64 Years, Resident of Present of Jhawar Nagar, Kota City, Ra- jasthan. At Present Resident of A 86/2, Suraj Kund Colony, Tiwaripur Gorakhpur, Uttar Pradesh, India.
2. Kalpna Tripathi Wife of Arun Kumar Tripathi, Aged About 58 Years, Resident of Present of Jhawar Nagar, Kota City, Rajasthan. At Present Resident of A 86/2, Suraj Kund Colony, Tiwaripur Gorakhpur, Uttar Pradesh, India.
3. Manisha Tripathi Daughter of Arun Kumar Tripathi, Aged About 29 Years, Resident of Present of Jhawar Nagar, Kota City, Rajasthan. At Present Resident of A 86/2, Suraj Kund Colony, Tiwaripur Gorakhpur, Uttar Pradesh, India. ----Petitioners Versus
1. The State of Rajasthan, Through P.P.
2. Ankit Shukla Son of Vichitra Narayan Shuka, Aged About 32 Years, Resident of A 95, Near Jain Temple, Talwandi, Jhawar Nagar, Kota City, Rajasthan. ----Respondents For Petitioner(s) : Mr. Avtar Singh Rathore For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 10/08/2026
1. By way of this Criminal Misc. Petition under Section 528 of the BNSS, the accused-petitioners have approached this Court with a prayer to quash the FIR No.276/2023 registered at Police Station Jawaharnagar, District Kota City for offences punishable
[2026:RJ-JP:31399] (2 of 3) [CRLMP-5100/2026] under Sections 420, 406, 120B, 494, 495, 384, 386 and 387 of IPC, on the basis of compromise arrived at between the parties.
2. After registration of the aforesaid FIR, the police conducted investigation in the matter and filed charge-sheet against the petitioners before the concerned Court for offences punishable under Sections 385 and 120B of IPC. Subsequently, learned trial Court has framed charges against the petitioners for offences punishable under Sections 385 and 120B of IPC.
3.
Learned counsel for the petitioners submits that parties have resolved their dispute amicably and entered into compromise. Counsel submits that both the parties have filed an application under Section 320 of Cr.PC before the learned trial Court to drop the proceedings on the basis of compromise arrived at between the parties. The learned trial Court vide order dated 16.12.2025, rejected the said application as offences punishable under Sections 385 and 120B of IPC are not compoundable. Counsel submits that on account of compromise, further proceedings in the matter are fruitless and continuation thereof would be a futile exercise and a waste of precious judicial time and resources. Therefore, it is prayed that the impugned FIR along with all subsequent proceedings, may be quashed in view of compromise arrived at between the parties.
4. Learned Public Prosecutor does not dispute the factum of compromise.
5. In view of the aforesaid and considering the submissions made on behalf of the respective parties; the material made available for perusal of this Court; considering the fact that
[2026:RJ-JP:31399] (3 of 3) [CRLMP-5100/2026] petitioners and complainant have arrived at compromise and settled their dispute amicably and also finding that the present case is wholly covered by the principle of law laid down by Hon'ble Supreme Court in the case of Gian Singh versus State of Punjab & Anr. reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. versus Choudhary Bhajan Lal & Ors. reported in AIR 1992 SC 604, the impugned FIR is liable to be quashed in view of compromise arrived at between the parties although the offences punishable under Sections 385 & 120B of IPC alleged to be made out in the instant case are not compoundable.
6. In view of the above, this Criminal Misc. Petition is allowed and the FIR No.276/2023 registered at Police Station Jawaharnagar, District Kota City (Raj.) along with subsequent proceedings, is quashed and set aside qua the petitioners. Consequence to follow.
7. Stay application and pending application(s), if any, also stand disposed of.
(ANIL KUMAR UPMAN),J 212/LALIT MOHAN