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2026 DAILYLAW 3719 (RAJ)

GHANSHYAM KHANDELWAL S/O SHRI DAMODAR KHANDELWAL, v. STATE OF RAJASTHAN

CRLMP/1940/2026 · 2026-03-30

Anil Kumar Upman

body2026

Judgment text

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[2026:RJ-JP:13395] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1940/2026 Ghanshyam Khandelwal S/o Shri Damodar Khandelwal, aged about 69 years, R/o Anjali Agro, Company, Chandpol Bazar, in- front of charch Jaipur. ----Petitioner Versus 1. State of Rajasthan through P.P. 2. Mahaveer Singh son of Shri Gordhan Singh, R/o 6-2, Ra- hat Appartment, 341 Officer Complex, Sirsi Road, Khatipura, Jaipur. ----Respondents For Petitioner(s) : Mr. Dinesh Kumar Sharma with Mr. Gaurav Soni & Mr. Rishi Kumar Sharma For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/03/2026 1. By way of this Criminal Misc. Petition under Section 528 of the BNSS, the accused-petitioner has approached this Court with a prayer to quash the proceedings in Criminal Case No.351/2025 pending before the learned Upper Senior Civil Judge and Additional Chief Judicial Magistrate, No.2, Jaipur Metropolitan-II for offences punishable under Sections 467, 468, 471 & 120B IPC, arising out of FIR No.55/2017 registered at Police Station Sanjay Circle, District Jaipur for offences punishable under Section 420, 406, 447, 467, 468, 471 & 120B of IPC. 2. Parties are present in person and they have duly been identified by their respective counsel. [2026:RJ-JP:13395] (2 of 3) [CRLMP-1940/2026] 3. After registration of the aforesaid FIR, the police conducted investigation in the matter and filed negative final report against the petitioner. Thereafter, complainant filed protest petition against the negative final report, which was accepted by learned Trial Court and the learned Magistrate took cognizance against the petitioner for offences punishable under Sections 420, 406, 447, 467, 468, 471 & 120B of IPC. 4. Learned counsel for the petitioner submits that parties have resolved their dispute amicably. Counsel submits that both parties have jointly filed an application before the learned trial Court with regard to the compromise. However, the learned trial Court partly allowed the said application vide order dated 17.02.2026 and attested/accepted the compromise only to the extent of offences punishable under Sections 420, 406 & 447 of IPC. Counsel submits that due to 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 aforesaid criminal proceedings pending against the petitioner may be quashed in view of compromise arrived between the parties. 5. Learned Public Prosecutor 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 parties; the material made available for perusal of this Court; considering the fact that petitioner and complainant have arrived at compromise and settled their dispute amicably and also finding that the present case is wholly covered [2026:RJ-JP:13395] (3 of 3) [CRLMP-1940/2026] 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 proceedings in Criminal Case No.351/2025 pending before the learned trial Court for offences punishable under Sections 467, 468, 471 & 120B IPC are liable to be quashed in view of compromise arrived at between the parties although the said offences alleged to be made out in the instant case are not compoundable. 7. In view of the above, this Criminal Misc. Petition is allowed and the proceedings in Criminal Case No.351/2025 pending before the learned Upper Senior Civil Judge and Additional Chief Judicial Magistrate, No.2, Jaipur Metropolitan-II for offences punishable under Sections 467, 468, 471 & 120B IPC, against the petitioner are quashed in view of compromise arrived at between the parties. Consequence to follow. 8. The stay application and pending application(s), if any, also stand disposed of. (ANIL KUMAR UPMAN),J LALIT MOHAN /283