[2025:RJ-JP:35672]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5052/2025 Naveen Kumar Bohra S/o Shri Om Prakash Bohra, Aged About 43 Years, R/o H. No. 2 Ch 18, Housing Board, Shastri Nagar, Jaipur.

----Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Sanjeev Kumar Gupta S/o Shri Om Prakash Gupta, Aged About 45 Years, R/o Plot No. 282, Katewa Nagar, New Sanganer Road, P.s. Shayam Nagar, Jaipur.

----Respondents For Petitioner(s) : Mr. Nirmal Kumar Sharma For Respondent(s) : Mr. M.S. Choudhary, PP Mr. Mukesh Pal Jadoun HON'BLE MR. JUSTICE SUDESH BANSAL

Order

04/09/2025

1. A joint prayer has been made to quash FIR No.36/2010 registered at Police Station Jyoti Nagar, District Jaipur (South) for offences under Sections 420, 467, 468 & 471 IPC, on the basis of compromise arrived at between parties.

2. It has been stated that on account of some property dispute, the impugned FIR came to lodged, however, during course of trial, complainant entered into compromise with petitioner and has decided not to pursue the criminal proceedings of the present FIR. 3. It has been submitted that a written compromise was submitted before the trial Court to drop the criminal proceedings under Sections 420, 467, 468 & 471 IPC. The trial Court attested and verified the compromise in respect of offence under Section

420 IPC only, however, in respect of offence under Sections 467, 468 & 471 IPC, proceedings have not been dropped being non- compoundable offences. The certified copy of the order dated

01.08.2025 passed by the trial Court has been placed on record.

4. The Hon’ble Supreme Court in case of Gian Singh Vs. State of Punjab[(2012) 10 SCC 303] observed as follows:

“57. Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same thing as compounding of offence. They are different and not interchangeable. Strictly speaking, the power of compounding of offences given to a court under Section 320 is materially different from the quashing of criminal proceedings by the High Court in exercise of its inherent jurisdiction. In compounding of offences, power of a criminal court is circumscribed by the provisions contained in Section 320 and the court is guided solely and squarely thereby while, on the other hand, the formation of opinion by the High Court for quashing a criminal offence or criminal proceeding or criminal complaint is guided by the material on record as to whether the ends of justice would justify such exercise of power although the ultimate consequence may be acquittal or dismissal of indictment.

58. Where High Court quashes a criminal proceeding having regard to the fact that dispute between the offender and victim has been settled although offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. No doubt, crimes are acts which have harmful effect on the public and consist in wrong doing that seriously endangers and threatens well-being of society and it is not safe to leave the crime- doer only because he and the victim have settled the dispute amicably or that the victim has been paid compensation, yet certain crimes have been made compoundable in law, with or without permission of the Court. In respect of serious offences like murder, rape, dacoity, etc; or other offences of mental depravity under Indian Penal Code or offences of moral turpitude under special statutes, like Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between offender and victim can have no legal sanction at all. However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial,