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2026 DAILYLAW 19815 (RAJ)

KISHAN CHOUDHARY S/O LATE SHRI KALYAN v. STATE OF RAJASTHAN

CRLMP/7543/2025 · 2026-01-30

Anil Kumar Upman

body2026

Judgment text

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[2026:RJ-JP:4620] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7543/2025 1. Kishan Choudhary S/o Late Shri Kalyan, Aged About 42 Years, R/o Gokulpura, Jhotwara, Jaipur, Rajasthan. 2. Laxman Choudhary S/o Late Shri Kalyan, Aged About 41 Years, R/o Gokulpura, Jhotwara, Jaipur, Rajasthan. ----Petitioners Versus 1. State of Rajasthan Through The Public Prosecutor. 2. Dinesh Goyal S/o Shri Durga Prasad Goyal, R/o Kuloth Kala Kendra, Tehsil -Chidawa, District Jhunjhunu, Ra- jasthan. ----Respondents For Petitioner(s) : Mr. Yash Takhar For Respondent(s) For Complainant(s) : : Mr. Vivek Choudhary, PP Mr. Shahnawaz Khan HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/01/2026 1. By way of this criminal misc. petition under Section 528 of BNSS, the accused-petitioners have approached this Court with a prayer to quash the FIR No.181/2009 registered at Police Station Karni Vihar (Sirsi Road), District Jaipur City for offences punishable under Sections 420, 406, 467, 468, 471 & 120B of IPC along with subsequent proceedings. 2. Complainant is present in person and he has duly been identified by his counsel. 3. After registration of the aforesaid FIR, the police conducted investigation in the matter and submitted charge-sheet before the concerned Court. [2026:RJ-JP:4620] (2 of 3) [CRLMP-7543/2025] 4. Learned counsel for the petitioners submits that parties have entered into compromise and in this regard, an application was also submitted by them before the learned trial Court to drop the proceedings. Vide order dated 28.01.2026, said application was partly accepted by the learned trial Court to the extent of offences punishable under Sections 420 & 406 of the IPC and refused to accept the compromise with regard to the offences punishable under Sections 467, 468, 471 & 120B of the IPC. Counsel submits that criminal proceedings in respect of co-accused namely Choturam has already been quashed by the Co-ordinate Bench of this Court by accepting the S.B. Criminal Misc. Petition No.697/2014. In such circumstances, it is prayed that offences punishable under Sections 467, 468, 471 & 120B of IPC may also be compounded and the aforesaid FIR may be quashed. 5. Learned State counsel and learned counsel for the complainant do not dispute the factum of compromise. 6. 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 petitioners and complainant have arrived at compromise and settled their dispute 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 aforesaid FIR, is liable to be quashed in view of compromise arrived at between the [2026:RJ-JP:4620] (3 of 3) [CRLMP-7543/2025] parties although the offences punishable under Sections 467, 468, 471 & 120B of IPC are not compoundable. 7. In view of the above, this Criminal Misc. Petition is allowed and the FIR No.181/2009 registered at Police Station Karni Vihar, District Jaipur (West) along with subsequent proceedings, are hereby quashed and set aside. Consequence to follow. 8. Stay Application and pending application(s), if any, also stand disposed of. (ANIL KUMAR UPMAN),J LALIT MOHAN /83