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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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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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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