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2026 Supreme(Online)(Raj) 4969

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANIL KUMAR UPMAN
KISHAN CHOUDHARY S/O LATE SHRI KALYAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMP / 7543 / 2025



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[2026:RJ-JP:4620]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 7543/2025

1. Kishan Choudhary S/o Late Shri Kalyan, Aged About 42

Years, R/o Gokulpura, Jhotwara, Jaipur, Rajasthan.

2. Laxman Choudhary S/o Late Shri Kalyan, Aged About 41

Years, R/o Gokulpura, Jhotwara, Jaipur, Rajasthan.

----Petitioners

Versus

1. State of Rajasthan Through The Public Prosecutor.

2. Dinesh Goyal S/o Shri Durga Prasad Goyal, R/o Kuloth

Kala Kendra, Tehsil -Chidawa, District Jhunjhunu, Ra-

jasthan.

----Respondents

For Petitioner(s) : Mr. Yash Takhar

For Respondent(s) : Mr. Vivek Choudhary, PP

For Complainant(s) : Mr. Shahnawaz Khan

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

30/01/2026

1. By way of this criminal misc. petition under Section 528 of

BNSS, the accused-petitioners have approached this Court with a

prayer to quash the FIR No.181/2009 registered at Police Station

Karni Vihar (Sirsi Road), District Jaipur City for offences

punishable under Sections 420, 406, 467, 468, 471 & 120B of IPC

along with subsequent proceedings.

2. Complainant is present in person and he has duly been

identified by his counsel.

3. After registration of the aforesaid FIR, the police conducted

investigation in the matter and submitted charge-sheet before the

concerned Court.

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[2026:RJ-JP:4620] (2 of 3) [CRLMP-7543/2025]

4. Learned counsel for the petitioners submits that parties have

entered into compromise and in this regard, an application was

also submitted by them before the learned trial Court to drop the

proceedings. Vide order dated 28.01.2026, said application was

partly accepted by the learned trial Court to the extent of offences

punishable under Sections 420 & 406 of the IPC and refused to

accept the compromise with regard to the offences punishable

under Sections 467, 468, 471 & 120B of the IPC. Counsel submits

that criminal proceedings in respect of co-accused namely

Choturam has already been quashed by the Co-ordinate Bench of

this Court by accepting the S.B. Criminal Misc. Petition

No.697/2014. In such circumstances, it is prayed that offences

punishable under Sections 467, 468, 471 & 120B of IPC may also

be compounded and the aforesaid FIR may be quashed.

5. Learned State counsel and learned counsel for the

complainant do not dispute the factum of compromise.

6. In view of the aforesaid and considering the submissions

made on behalf of the respective parties; the material made

available for perusal of this Court; considering the fact that

petitioners and complainant have arrived at compromise and

settled their dispute and also finding that the present case is

wholly covered by the principle of law laid down by Hon'ble

Supreme Court in the case of Gian Singh versus State of

Punjab & Anr. reported in 2012 Cr.L.J. (SC) 4934 and in the

case of State of Haryana & Ors. versus Choudhary Bhajan

Lal & Ors. reported in AIR 1992 SC 604, the aforesaid FIR, is

liable to be quashed in view of compromise arrived at between the

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[2026:RJ-JP:4620] (3 of 3) [CRLMP-7543/2025]

parties although the offences punishable under Sections 467, 468,

471 & 120B of IPC are not compoundable.

7. In view of the above, this Criminal Misc. Petition is allowed

and the FIR No.181/2009 registered at Police Station Karni Vihar,

District Jaipur (West) along with subsequent proceedings, are

hereby quashed and set aside. Consequence to follow.

8. Stay Application and pending application(s), if any, also

stand disposed of.

(ANIL KUMAR UPMAN),J

LALIT MOHAN /83

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