[2026:RJ-JP:9638] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1154/2026 1. Firoz Ahmad @ Medhi S/o Shri Mumtaj Ali Khan, R/o Sarana Road, Near Mamta Floor Mill, Ward No. 3, Gandhi Nagar, P.S. Gandhi Nagar, District Ajmer. 2. Rahul Vaishnav @ R.D. S/o Shri Chhotulal Vaishnav, R/o Ratna Rawat Colony, Ward No. 7, Gandhi Nagar, P.S. Gandhi Nagar, District Ajmer. ----Petitioners Versus 1. State Of Rajasthan, Through PP 2. Ashish S/o Parasmal, R/o Utada Road, Krishnapuri, Madanganj, Kishangarh, Ajmer. ----Respondents For Petitioner(s) : Mr. Devanshu Sharma with Ms. Vishalakshi Pareek For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/03/2026 1. The instant misc. petition under Section 528 of BNSS has been filed challenging the order dated 19.01.2026 passed by learned Additional Senior Civil Judge and Additional Chief Judicial Magistrate No.2, Kishangarh, Ajmer in Criminal Case No.248/2018 (CIS No.1101/2019) arising out of FIR No.214/2017 registered at Police Station Gandhinagar, District Ajmer for offences punishable under Section 406 & 384 of IPC whereby, the learned Magistrate attested the compromise only to the extent of offence punishable under Section 406 of IPC but refused to compound the offence under Section 384 of IPC. 2. After registration of the aforesaid FIR, the police conducted investigation in the matter and submitted charge-sheet before the [2026:RJ-JP:9638] (2 of 3) [CRLMP-1154/2026] concerned Court for offences punishable under Sections 384, 406 & 411 of IPC against the petitioners. The learned trial Court took cognizance against the petitioners for the aforesaid offences and also framed charges against them for offences under Sections 384 and 406 of the IPC. 3. Learned counsel for the petitioners submits that parties have entered into a compromise and settled their dispute amicably. It is submitted that copy of compromise deed has been produced before the trial Court but the trial Court has attested the compromise only to the extent of offence under Section 406 of IPC and refused to compound the offence under Section 384 of IPC, therefore, it is prayed that the order dated 19.01.2026 may be modified and the offence under Section 384 of IPC may also be compounded and the criminal proceedings pending against the petitioners may be quashed. It is submitted that proceedings against co-accused Sanjay Nayak have already been quashed vide order dated 07.01.2021 passed in S.B. Criminal Misc. Petition No.2898/2019. 4. Learned State counsel 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 my perusal; considering the fact that petitioners and complainant have arrived at compromise and settled their dispute, as also considering the fact that proceedings against co-accused Sanjay Nayak have already been quashed and that the present case is wholly covered by the principle of law laid down by Hon'ble [2026:RJ-JP:9638] (3 of 3) [CRLMP-1154/2026] 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 order is liable to be modified in view of compromise arrived at between the parties although the offence punishable under Section 384 of IPC alleged to be made out in the instant case is not compoundable. 6. In view of the above, this Criminal Misc. Petition is allowed. The impugned order dated 19.01.2026 passed by learned Additional Senior Civil Judge and Additional Chief Judicial Magistrate No.2, Kishangarh, Ajmer in Criminal Case No.248/2018 (CIS No.1101/2019) to the extent of refusing to compound the offence under Section 384 IPC is quashed and set aside on the basis of compromise arrived at between the parties and the offence under Section 384 of IPC is compounded. The criminal proceedings pending against the petitioners before the learned Additional Senior Civil Judge and Additional Chief Judicial Magistrate No.2, Kishangarh, Ajmer in Criminal Case No.248/2018 (CIS No.1101/2019) arising out of FIR No.214/2017 registered at Police Station Gandhinagar, District Ajmer are hereby quashed and set aside. Consequence to follow. 7. Stay Application and pending application(s), if any, also stand disposed of. (ANIL KUMAR UPMAN),J CHARU SONI /61