HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
BHUWAN GOYAL
SHARIF SON OF LATE MANDU – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMP / 450 / 2026
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[2026:RJ-JP:5238]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 450/2026
1. Sharif Son Of Late Mandu, Aged About 47 Years,
2. Mansoor Khan Son Of Shri Sharif, Aged About 20 Years,
3. Bashir Mohammad S/o Son Of Shri Sharif, Aged About 24
Years,
All Resident Of Aagala Kankad Village Somalpur Police
Station Ramgunj District, Ajmer.
----Accused Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Kamruddin Son Of Bhomaji, Aged About 48 Years,
3. Ramzan Son Of Bhomaji,
4. Roshni Bano Wife Of Ramzan,
5. Firoj Khan Son Of Ramzan,
6. Niyaz Son Of Ramzan,
All resident of Aagala Kankad, Village Somalpur, Police
Station Ramgunj, District, Ajmer.
----Respondents
For Petitioner(s) : Mr. Govind Upadhyay, Advocate
Ms. Komal Shekhawat, Advocate
For Respondent(s) : Mr. Vivek Choudhary, Dy. GA
Mr. Anupam Sharma, Advocate
HON'BLE MR. JUSTICE BHUWAN GOYAL
Order
04/02/2026
1. This petition under Section 528 BNSS has been filed by
the petitioners seeking to quash the criminal proceedings in Cr.
Case No. 273/2024 titled State Versus Shariff and others pending
before Addl. Sessions Judge (Women Atrocities Cases), Ajmer.
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2. Today accused petitioners Sharif and Bashir Mohammad
alongwith the respondents no. 2 to 6 appeared in person before
this Court. They were directed to appear before Registrar (Judl.)
of this Court for verification and attestation of the compromise.
Pursuant thereto, the parties appeared before the Registrar (Judl.)
of this Court, their signature have been obtained on the order
sheet, they have been identified and the compromise has verified
by Registrar (Judl.) of this Court.
3. Learned counsel for the petitioners submits that
accused petitioner Mansoor Khan S/o Shri Sharif is in judicial
custody, therefore, he is not present today before this Court.
4. He further submits that the parties do not have any
animosity against each other and there was no pre-meditated
fight but on account of some sudden altercations / scuffle erupted
between parties on 27.6.2024, impugned FIR came to be lodged
against petitioners. He further submits that thereafter the parties
have entered into a compromise and buried their hatchet in order
to maintain peace and harmony in their life and to maintain
cordial relations between them. They submitted an application
before the trial court for attesting the compromise, but the trial
court declined to drop the criminal proceedings for the offence
under Sections 452 and 307 IPC being non compoundable. The
compromise duly signed by the parties and attested by the Oath
Commissioner has been placed on record. Thus, he has prayed to
quash the criminal proceedings in Cr. Case No. 273/2024.
5. Learned counsel for the respondents concurs with the
factum of compromise. He further submits that the
complainant/victim do not want to prosecute the petitioners
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further in the matter. He has shown no objection in case criminal
proceedings in Cr. Case No. 273/2024 are quashed and set-aside
on the basis of compromise.
6. Further, it has been jointly submitted that in view of the
fact that a compromise has been arrived at between parties, the
dispute between the parties is personal in nature and the
continuation of criminal proceedings against petitioners would be
abuse of process of law, therefore, to secure ends of justice, the
criminal proceedings in Cr. Case No. 273/2024 be quashed, in
exercise of inherent powers of this Court under Section 528 BNSS.
7. Learned Dy. GA has submitted the offence under
Sections 307 and 452 IPC are not compoundable.
8. Heard learned counsel for the parties and considered
the material available on record.
9. The Hon’ble Supreme Court in case of Gian Singh Vs.
State of Punjab[(2012) 10 SCC 303] observed as follows:
“Quashing of of
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