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2026 DAILYLAW 7145 (RAJ)

SAHIL CHOPRA S/O SH. KAILASH CHOPRA, v. STATE OF RAJASTHAN

CRLMP/1466/2026 · 2026-05-13

Anuroop Singhi

body2026

Judgment text

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[2026:RJ-JP:20279] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1466/2026 1. Sahil Chopra S/o Sh. Kailash Chopra, Aged About 32 Years, R/o F-31 Jagnathpura, Jharkhand Mode, Khatipura, Jhotwara, Jaipur (Raj.). 2. Ashish Sharma @ Aunchi Pandit S/o Late. Sh. Mukesh Sharma, Aged About 33 Years, R/o D-43, Shanti Nagar, Khatipura Road, Opp. N.e.i. Ltd, Hasanpura, Jaipur (Raj.) 3. Jitendra Chopra S/o Jagdish Prashad Chopra, Aged About 30 Years, R/o 1, Laxmibari, Jagnathpura, Khatipura, Jhotwara, Jaipur (Raj.). 4. Akram Khan S/o Iqbal Hussain, Aged About 25 Years, R/o Shekhawat Colony, Ward No. 14, Churu (Raj.) 5. Azhar Khan S/o Sh. Anwar Khan, Aged About 32 Years, R/o Ward No.58, Rishaldaron Ki Kothi Ke Pass, Ward No. 40, Churu (Raj.). 6. Naushad Khan S/o Sh. Gaffar Khan, Aged About 32 Years, R/o Ward No. 31, Tehsil And District Churu (Raj.). ( At Present In Judicial Custody At Central Jail Jaipur) 7. Abid Khan S/o Sh. Mohmmad Sahnaj Ahmed, Aged About 33 Years, R/o Ward No. 14, Shekhawat Colony, Churu (Raj.) ( At Present In Judicial Custody At Central Jail Jaipur) ----Accused/Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. ----State/Respondent 2. Gajendra Pratap Rathore @ Gajedra Rathore S/o Sh. Radheyshyam @ Radheyshyam Rathore, Aged About 27 Years, R/o P.n. 111, 112-B, Pashupati Nath Colony, Chandmari Bhatt, Shastri Nagar, Jaipur (Raj.) ----Complainant/Respondent For Petitioner(s) : Mr. Majhar Hussain with Ms. Shahin Bano For Respondent(s) : Ms. Arti Sharma, PP Mr. Wasim Akram Mr. Arafat Hussain [2026:RJ-JP:20279] (2 of 4) [CRLMP-1466/2026] HON'BLE MR. JUSTICE ANUROOP SINGHI Order 13/05/2026 1. The present criminal miscellaneous petition has been filed by the petitioners under Section 528 of BNSS, 2023 seeking quashing of FIR No.0071/2025 dated 17.02.2025 registered at Police Station Sodala, District Jaipur City (South), for the alleged offence punishable under Section 309(4) of BNS, 2023. 2. Learned counsel for the petitioners, at the very outset, submit that the FIR in question arises out of a dispute between the parties and as the parties have arrived at a compromise dated 18.02.2026 and 21.02.2026, copies of which have been annexed in the petition as Annexure-2 (Colly), the FIR in question deserves to be quashed in view of the judgments passed by the Hon’ble Supreme Court in Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Narinder Singh & Ors. Vs. State of Punjab & Anr., reported in (2014) 6 SCC 466 and State of Madhya Pradesh Vs. Laxmi Narayan & Ors., reported in (2019) 5 SCC 688. 3. Learned counsel appearing for respondent No.2- complainant while acknowledging the factum of compromise between the parties submits that the respondent No.2 - complainant has willingly arrived at the said compromise and has no objection if the FIR in question is quashed. 4. Learned Public Prosecutor has handed over the factual report submitted by the concerned Investigating Officer, wherein the factum of compromise being entered into between the parties has been confirmed and thus, he submits that in view of the [2026:RJ-JP:20279] (3 of 4) [CRLMP-1466/2026] compromise entered into between the parties, appropriate order be passed. 5. Heard learned counsel for the parties and perused the record. 6. In pursuance to the order dated 12.03.2026 passed by this Court, the factual report with respect to the compromise and so also regarding the criminal antecedents of the petitioners has been submitted by the learned Public Prosecutor, which is taken on record, wherein the Investigating Officer has confirmed the factum of compromise being entered into between the parties. 7. From the material on record, it is apparent that the dispute has amicably been settled between the parties. The Hon’ble Supreme Court in Gian Singh (supra), has authoritatively held that the High Court in exercise of its inherent powers under Section 482 Cr.P.C. can quash criminal proceedings even in respect of non-compoundable offences if the dispute is essentially of a private and personal nature and the parties have amicably settled the matter, provided that such offences do not have a serious impact on society. The above mentioned position of law has been reiterated and has been consistently held in currency by the Hon’ble Supreme Court and Co-ordinate Benches of this Court. 8. In light of the above, this Court finds that the dispute has been amicably resolved. The complainant has no subsisting grievance against the petitioners and hence, as there is remote possibility of conviction, allowing such criminal proceedings to continue would be nothing but an abuse of the process of law and thus, it would be in the interest of justice to exercise the inherent [2026:RJ-JP:20279] (4 of 4) [CRLMP-1466/2026] powers as vested upon this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023. 9. Resultantly, this criminal miscellaneous petition is allowed and the FIR No.0071/2025 dated 17.02.2025 registered at Police Station Sodala, District Jaipur City (South), along with all consequential proceedings arising therefrom, are hereby quashed and set aside. 10. Pending application(s), if any, also stand disposed of. (ANUROOP SINGHI),J VINAY /102