Rajasthan High Court - Jodhpur
Shanti Lal vs State Of Rajasthan (2026:Rj-Jd:3756) on 21 January, 2026
[2026:RJ-JD:3756]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 10635/2025
1. Masraram S/o Shri Velaji Bhil, Aged About 65 Years,
Village Devada, Bishangarh, Tehsil And District Jalore,
Rajasthan
2. Narendra Singh S/o Shri Bhopal Singh, Aged About 32
Years, Village Ratooja, Bishangarh, Tehsil And District
Jalore, Rajasthan
3. Sambhu Singh S/o Shri Bhopal Singh, Aged About 31
Years, Village Ratooja, Bishangarh, Tehsil And District
Jalore, Rajasthan
4. Dhirendra Singh S/o Shri Bhopal Singh, Aged About 36
Years, Village Ratooja, Bishangarh, Tehsil And District
Jalore, Rajasthan
5. Indar Singh S/o Shri Bhopal Singh, Aged About 45 Years,
Village Ratooja, Bishangarh, Tehsil And District Jalore,
Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through The Public Prosecutor
2. Nekaram S/o Shri Ramchodaram, Aged About 46 Years,
Village Thikhi Tehsil And District Jalor Rajasthan
3. Kuiaram S/o Shri Natharam, Aged About 46 Years, Village
Thikhi Tehsil And District Jalore Rajasthan
4. Vachnaram S/o Shri Kuiaram, Aged About 27 Years,
Village Thikhi Tehsil And District Jalore Rajasthan
5. Jakaram S/o Shri Bhabhutaram, Aged About 48 Years,
Village Thikhi Tehsil And District Jalore Rajasthan
6. Iswerlal S/o Shri Bhadhutaram, Aged About 48 Years,
Village Thikhi Tehsil And District Jalore Rajasthan
7. Shantilal S/o Shri Bhikaram, Aged About 51 Years, Village
Thikhi Tehsil And District Jalore Rajasthan
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 7324/2025
Shanti Lal S/o Bhikha Ram, Aged About 52 Years, Resident Of
Tikhi, Tehsil And District Jalore.
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----Petitioner
Versus
1. State Of Rajasthan, Through Director General Of Police
Headquarter Rajasthan, Jaipur.
2. The Inspector General Of Police, Jodhpur Range, Jodhpur.
3. The Superintendent Of Police, Jalore
4. Station House Officer, Police Station Bishangarh District
Jalore.
----Respondents
S.B. Criminal Misc(Pet.) No. 9581/2025
Pataram S/o Sh. Ranchodaram, Aged About 46 Years, Village
Dabgra Bishangarh Tehsil And District Jalore Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through The Public Prosecutor
2. Nekaram S/o Sh. Ranchodaram, Village Thikhi Tehsil And
District Jalore Rajasthan
3. Kuiaram S/o Sh. Natharam, Village Thikhi Tehsil And
District Jalore Rajasthan
4. Vachnaram S/o Kuiaram, Village Thikhi Tehsil And District
Jalore Rajasthan
5. Jakaram S/o Sh. Bhabhutaram, Village Thikhi Tehsil And
District Jalore Rajasthan
6. Iswerlal S/o Sh. Bhabhutaram, Village Thikhi Tehsil And
District Jalore Rajasthan
7. Shantilal S/o Bhikaram, Village Thikhi Tehsil And District
Jalore Rajasthan
----Respondents
For Petitioner(s) : Mr. Javed Hussain
Mr. Sravan Sainee
For Respondent(s) : Mr. H.S. Jodha, PP
Mr. Amit Mehta, for complainant
HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU
Order (Uploaded on 22/01/2026 at 11:42:13 AM) (Downloaded on 22/01/2026 at 08:47:53 PM) [2026:RJ-JD:3756] (3 of 5) [CRLMP-10635/2025] 21/01/2026 S.B. Criminal Misc(Pet.) No. 10635/2025 & S.B. Criminal Misc(Pet.) No. 9581/2025 :
The present criminal misc. petitions have been filed by the petitioners under Section 528 BNSS (482 CrPC) for quashing of FIR No.30/2025, registered at Police Station Bishangarh, District Jalore under Sections 420, 467, 468, 471 and 120-B IPC.
Learned counsel for the petitioners submits that during investigation in the matter, compromise has been arrived at between both the parties and they have settled their dispute amicably. Copy of compromise has been placed on record.
Learned counsel for the complainant does not dispute the factum of compromise arrived at between the parties.
The Hon'ble Apex Court while answering a reference in the case of Gian Singh Vs. State of Punjab & Anr. reported in JT 2012(9) SC - 426 has held as below:-
"57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the (Uploaded on 22/01/2026 at 11:42:13 AM) (Downloaded on 22/01/2026 at 08:47:53 PM) [2026:RJ-JD:3756] (4 of 5) [CRLMP-10635/2025] dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
Keeping in view the observations made by the Hon'ble Supreme Court in Gian Singh's case (supra), this Court is of the opinion that it is a fit case, wherein the criminal proceedings pending against the petitioners can be quashed while exercising powers under Section 528 of BNSS.
Accordingly, the present criminal misc. petitions are allowed. The FIR No.30/2025, registered at Police Station Bishangarh, District Jalore against the petitioners under Sections 420, 467, (Uploaded on 22/01/2026 at 11:42:13 AM) (Downloaded on 22/01/2026 at 08:47:53 PM) [2026:RJ-JD:3756] (5 of 5) [CRLMP-10635/2025] 468, 471 and 120-B IPC as well as the entire other proceedings pending against the petitioners are hereby quashed and set aside. S.B. Criminal Misc(Pet.) No. 7324/2025 Learned counsel for the petitioner does not want to press this present criminal misc. petition.
Accordingly, the present criminal misc. petition is dismissed as not pressed.
Stay application as well as all pending applications, if any, stands disposed of accordingly.
(BALJINDER SINGH SANDHU),J 151-153Sanjay/-
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