Rajasthan High Court - Jodhpur
Jarnail Singh vs State Of Rajasthan (2026:Rj-Jd:5571) on 30 January, 2026
[2026:RJ-JD:5571]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 795/2026
1. Jarnail Singh S/o Mukhtiar, Aged About 47 Years, R/o
Jhambar Presently Jama Rakhia Tehsil Mamdot District
Firozpur Punjab
2. Amandeep Kaur Alias Deepu W/o Kulwant Singh, Aged
About 34 Years, R/o Jhambar Presently Jama Rakhia
Tehsil Mamdot District Firozpur Punjab
3. Shammikaur W/o Mukhtiar Singh, Aged About 65 Years,
R/o Jama Rakhia Tehsil Mamdot District Firozpur Punjab
4. Balwinder Singh S/o Mukhtiar Singh, Aged About 38
Years, R/o Jama Rakhia Tehsil Mamdot District Firozpur
Punjab
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Salvinder Kaur W/o Jarnail Singh, Aged About 52
Years, Daughter Of Rupal Singh R/o Village Jhambar
Tehsil And District Hanumangarh Rajasthan
----Respondents
For Petitioner(s) : Mr. Vikas K Bishnoi
For Respondent(s) : Mr. H.S. Jodha, Dy. GA with
Mr. Ravindra Singh Bhati, AGA
Mr. V.K. Bhadu for R-2
HON'BLE MR. JUSTICE SANDEEP SHAH
Order 30/01/2026
1. The present petition has been filed for quashing of the order impugned dated 25.01.2018 taking cognizance passed by the learned Additional Chief Judicial Magistrate, Hanumangarh in CRO 131/2018 in complainant No.30/2015 titled as 'Salvinder Kaur vs. (Uploaded on 31/01/2026 at 11:05:34 AM) (Downloaded on 03/02/2026 at 08:37:10 PM) [2026:RJ-JD:5571] (2 of 3) [CRLMP-795/2026] Jarnail Singh' and subsequent proceedings initiated in pursuance thereto.
2. By way of the impugned order, the learned trial Court has taken cognizance of offences punishable under Section 394, 114 and 120-B IPC.
3. Learned counsel for the petitioner submits that the parties have entered into a compromise and the compromise deed has been placed on record at Page-15 of the paper book. The compromise was accepted and the charges under Sections 494 were dropped by the learned trial Court vide its order dated 13.08.2025, however, the learned trial Court kept the matter pending for the trial of offence punishable under Section 120-B IPC.
4. Learned counsel for the petitioner places reliance upon the judgment passed by the Hon'ble Apex court in the case of "Gian Singh v. State of Punjab & Anr." (2012) 10 SCC 303 and submits that there will be no purpose in continuing with the proceeding as the parties have entered into a compromise.
5. Learned counsel for the respondents endorses the fact of compromise entered between the parties and submits that he has got instructions to make a statement that the respondent No.2 does not wish to proceed further with the criminal case.
6. A perusal of the facts of the present case would reveal that the learned trial Court has itself exonerated the petitioners of the offence under Section 494. In that eventuality the trial for offences punishable under Section 120-B simpliciter without the aid of any other offence, cannot be continued in any circumstances. Even otherwise, once the compromise has been (Uploaded on 31/01/2026 at 11:05:34 AM) (Downloaded on 03/02/2026 at 08:37:10 PM) [2026:RJ-JD:5571] (3 of 3) [CRLMP-795/2026] entered into between the parties, the continuation of the trial would be a futile exercise and rather be an abuse of the process of Court. Considering the submissions made and taking guidance from the judgment passed by the Hon'ble Apex Court in the case of 'Gian Singh' (supra), the present criminal miscellaneous petition is allowed. The impugned order dated 25.01.2018 passed by the learned Additional Chief Judicial Magistrate, Hanumangarh in CRO No.131/2018 in Complaint No.30/2015 and all the consequential proceedings pursuant thereto against the petitioner are quashed. The entire criminal proceedings initiated vide lodging of FIR and subsequent thereto are quashed and set aside.
7. All pending applications stand disposed of.
(SANDEEP SHAH),J 20-neha/-
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