[2026:RJ-JP:7395]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 10503/2022 Vikas Tiwari Son Of Late Shri Ghanshyam Tiwari, Resident Of A- 20 , Laxmi Nagar, Dev Property Ke Pass, 200 Feet Road, Police Station N.E.b, District Alwar (Raj).

----Accused Petitioner Versus

1. State Of Rajasthan, Through Public Prosecutor.

2. Victim, D/o Shambhu Mondal, R/o Hundanarayanpur, Nadiya,East Bengal, India ----Complainant Respondent For Petitioner(s) : Mr. Rajeev Surana, Sr. Advocate with Ms. Muskan Verma, Advocate For Respondent(s) : Mr. Vivek Choudhary, Dy. GA Mr. M.I. Abbasi for Mr. S.R.

Choudhary, Advocate HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

16/02/2026

1. Matter comes up on an application No. 1/2026 for taking the compromise on record and for deciding the petition on the basis of compromise.

2. The application is allowed and the compromise entered into between the parties is taken on record.

3. The accused petitioner and the victim-respondent no.2 are present in person today in the Court.

4. Both the parties were directed to appear before the Registrar (Judl.) of this Court for verification and attestation of the compromise. Pursuant thereto, they appeared before the Registrar (Judl.) of this Court. Their signature have been obtained on the Court’s order sheet and they have been duly identified by their respective counsel. After attestation of the compromise, the file has been sent back to this Court.

5. This criminal misc. petition filed under Section 482 CrPC, the accused petitioner has approached this Court with a prayer to quash the FIR No. 409/2022 registered at Police Station, Mahila Thana, Alwar for the offence under Sections 376(2)(n), 418, 366, 504 IPC and Section 3(2)(va) of SC/ST Act and entire proceedings in Cr. Case No. 91/2024 titled State Versus Vikas Tiwari pending in the Court of Special Judge, SC/ST (Prevention of Atrocities) Act, Alwar for the offence under Sections 376(2)(n) IPC and Section 3(2)(va), 3(2)(v), 3(1)(w)(i)(ii) of SC/ST Act.

6. Learned Sr. counsel appearing for the petitioner submits that after completing the investigation, the police has submitted challan against the petitioner for the offence under Sections 376(2)(n) IPC and Section 3(2)(va), 3(2)(v), 3(1)(w)(i) (ii) of SC/ST Act, under Section 299 CrPC before Special Judge, SC/ST (Prevention of Atrocity) Act, Alwar. Thereafter the petitioner and the victim-respondent no.2 have settled their dispute by way of compromise. He further submits that no fruitful purpose would be served by continuing the criminal proceedings in Sessions Case No. 91/2024 against the petitioner. He has therefore, prayed to quash the impugned FIR and the entire criminal proceedings in Sessions Case No. 91/2024.

7. In order to support his contention that FIR/proceedings under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 can be quashed, learned Sr.

Counsel for the petitioner invites Court’s attention towards the order dated 25.10.2021 passed by Hon’ble Supreme Court in the case of Ramawatar Vs. State of Madhya Pradesh reported in AIR 2021 SC 5228 and the order passed by the Coordinate Bench of this Court in the case of Kalu Lal Sahriya Versus State of Rajasthan (S.B. Criminal Misc. Petition No. 5612, 7543 of 2024;

decided on 11.11.2024)

8. He has placed reliance upon the following judgments and submits that the FIR/proceedings under Section 376 IPC can also be quashed:

i) Kapil Gupta Versus State of NCT of Delhi [MANU/SC/1012/2022]

ii) Narendra Mahawar Versus State of Rajasthan & Ors. (S.B. Criminal Misc. Petition No. 7532/2024; decided on 30.1.2026)

9. Learned counsel appearing for the victim-respondent no.2 does not dispute the aforesaid factual aspect. He submits that the victim respondent no.2 has no objection if the FIR and the entire criminal proceedings in Sessions No. 91/2024 are quashed.

10. Learned PP appearing for the State has opposed the same and submits that challan has been filed agai