Rajasthan High Court - Jodhpur
Mohammad Salim vs State Of Rajasthan (2025:Rj-Jd:31713) on 18 July, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:31713]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5646/2025
1. Mohammad Salim S/o Alladeen, Aged About 58 Years,
Panchva ,kallan Police Station Shivpura District Pali
2. Amin S/o Alladin, Aged About 41 Years, Panchva ,kallan
Police Station Shivpura District Pali
3. Smt Bismilla W/o Alladin, Aged About 80 Years,
Panchva ,kallan Police Station Shivpura District Pali
----Petitioners
Versus
1. State Of Rajasthan, Through P.P.
2. Madina W/o Kadar Khan, Panchva ,kallan Police Station
Shivpura District Pali At Present Guda Mukamsingh Tehsil
Marwar Junction District Pali.
----Respondents
For Petitioner(s) : Mr. Om Rajpurohit
For Respondent(s) : Mr. Narendra Singh Chandawat, PP
Mr. Shadab Khan for complainant
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 18/07/2025 The instant criminal misc. petition under Section 528 of BNSS has been filed by the petitioners seeking quashing of the order dated 03.01.2025 passed by the learned Additional Judicial Magistrate, Sojat, District Pali in Criminal Case No.90/2025 to the extent that the learned Court below has refused to compound the offences under Sections 467, 468, 471 and 120-B IPC.
Learned counsel for the petitioners submitted that the petitioners and the complainant have settled their disputes and have arrived at a compromise. The said compromise was submitted before the learned court below by filing an application under Section 320 Cr.P.C., however, the learned court below, (Downloaded on 18/07/2025 at 10:56:54 PM) [2025:RJ-JD:31713] (2 of 2) [CRLMP-5646/2025] though accepted the compromise to the extent of offences under Section 420 IPC, but denied to compound the offences punishable under Sections 467, 468, 471 and 120-B IPC.
Learned counsel for the petitioners has placed reliance on the decision of Hon'ble the Supreme Court in the cases of Gian Singh Vs. State of Punjab & Anr. reported in (2012)10 SCC 303]. He therefore prayed that the impugned criminal proceedings pending against the petitioners may kindly be quashed.
Learned counsel for the complainant concurs the factum of compromise and submits that in view of the compromise, the complainant is not inclined to proceed further in the matter.
In view of the compromise arrived at between the parties and applying the ratio in decision of Gian Singh (Supra), this Court deems it just and proper to invoke inherent powers under Section 528 of BNSS.
Accordingly, the instant misc. petition is allowed. The impugned order dated 03.01.2025 passed by the learned Additional Judicial Magistrate, Sojat, District Pali in Criminal Case No.90/2025 is hereby modified. All further proceedings of the Criminal Regular Case No.90/2025 against the petitioners pending in the Court of learned Additional Judicial Magistrate, Sojat, District Pali are hereby quashed qua the petitioners.
(KULDEEP MATHUR),J 102-Dinesh/-
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