ANKUSH LOTA S/O SURENDRA KUMAR LOTA, v. THE STATE OF RAJASTHAN
CRLMP/2603/2026 · 2026-05-14
Anuroop Singhi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7172 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7172 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:20474] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2603/2026 Ankush Lota S/o Surendra Kumar Lota, Aged About 41 Years, Resident Of Scheme No. 2, Propritor Ms Roop Laxmi Sarees, 41, Veer Chowk, District Alwar (Raj). Adhar No. 451957669518 ----Petitioner/Accused Versus
1. The State Of Rajasthan, Through Public Prosecutor, Jaipur City, Jaipur.
2. Ajay Singh S/o Babu Singh Parmar, Aged About 37 Years, Resident Of Vikas Colony, Behind Rajpot Hostel, Ward No. 28, District Alwar (Raj). Adhar No. 375768654425. ----Complainant/Respondents For Petitioner(s) : Mr. Honey Saini with Mr. Vijay Pratap Sharma For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Yogesh Kumar Tailor HON'BLE MR. JUSTICE ANUROOP SINGHI
Order 14/05/2026
1. This criminal miscellaneous petition has been filed by the petitioner under Section 528 of BNSS for setting aside the order dated 09.04.2026 (Annexure-2) passed by the learned Court of Additional Chief Judicial Magistrate No.2, Alwar, in Case No.22/11/2025, titled as "Ajay Singh Vs. Punjab National Bank".
2.
Learned counsel for the petitioner, at the very outset, submit that the criminal case in question arises out of an inter-se dispute between the parties and as the parties have arrived at a compromise, a copy of which has been annexed with the petition as Annexure-3, the order dated 09.04.2026 passed in Criminal Case No.22/11/2025 deserves to be set aside in view of the judgments passed by the Hon’ble Supreme Court in Gian Singh
[2026:RJ-JP:20474] (2 of 3) [CRLMP-2603/2026] 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 impugned order dated 09.04.2026 is quashed and set aside. 4. Learned Public Prosecutor has opposed the prayers made in the present criminal miscellaneous petition. 5. The learned trial Court, though acknowledging the factum of compromise entered into between the parties, declined to quash proceedings on the ground that the offence punishable under Sections 467, 468 and 471 of IPC, 1860 are non-compoundable in nature and consequently, rejected the application preferred by the parties vide order dated 09.04.2026. 6. Heard learned counsel for the parties and perused the record. 7. From the material on record, it is apparent that the dispute has amicably been settled between the parties. The Hon’ble Supreme Court recently in K. Bharthi Devi and Anr. Vs. State of Telangana & Anr. arising out of SLP (Criminal) No.4353 of 2018 vide judgment dated 03.10.2024, while dealing with a petition seeking quashing of FIR involving alleged offences under Sections 467, 468 and 471 of IPC, 1860, has followed the law laid down in Gian Singh (supra) and reiterated that there are certain offences which overwhelmingly and predominantly bear civil
[2026:RJ-JP:20474] (3 of 3) [CRLMP-2603/2026] flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or a family dispute, where the wrong is basically to the victim and the offender and the victim have settled all disputes between them amicably, and in such cases the High Court would be justified in quashing the criminal proceedings in exercise of its inherent powers under Section 482 Cr.P.C., 1973 (Section 528 B.N.S.S., 2023). 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 powers as vested upon this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023. 9. Resultantly, the criminal miscellaneous petition stands allowed and the Criminal Case No.22/11/2025, titled as "Ajay Singh Vs.
Punjab National Bank" pending before the Court of Additional Chief Judicial Magistrate No.2, Alwar, and so also the
order dated 09.04.2026 (Annexure-2), 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 /165