[2026:RJ-JD:13804]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1993/2026 Bahadur Singh S/o Mohan Singh, Aged About 62 Years, R/o Village 9 Ps Tehsil Sri Ganganagar District Sri Ganganagar ----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Baldev Singh S/o Shri Mohan Singh, R/o Village 9 Ps Tehsil Sri Ganganagar District Sri Ganganagar ----Respondents For Petitioner(s) : Mr. Dinesh For Respondent(s) : Mr. N.S. Chandawat, DyGA HON'BLE MR. JUSTICE FARJAND ALI

Order

18/03/2026

1. The instant criminal miscellaneous petition has been filed under Section 528 of the BNSS for quashing of FIR No. 87/2016 dated 12.05.2016 registered at Police Station Muklawa, District Sri Ganganagar for the offences under Sections 153-A, 295-A and 506(2) IPC and the charge-sheet dated 20.05.2016 and all consequential proceedings arising therefrom pending before the Court of learned Judicial Magistrate, Raisinghnagar in Case No.

198/2016.

2. It is submitted by learned counsel for the petitioner that the dispute in between the parties arises out of a family dispute between real brothers relating to agricultural land and the same has been resolved through an amicable settlement. It is further submitted that with the intervention of family members and relatives, the parties have entered into a compromise dated

17.01.2026 and the complainant does not wish to pursue the matter any further and now, there remains no controversy in between them and the parties do not wish to continue the criminal proceedings further.

3. Though none appears on behalf of the complainant, however, the fact of compromise stands duly reflected from the material available on record. The compromise deed dated 17.01.2026 indicates that the dispute has been amicably settled between the parties, who are real brothers, and there is nothing on record to doubt its genuineness or voluntariness.

4. Learned Public Prosecutor has opposed the petition.

5. Heard, perused the material available on record more particularly the nature of allegation and the fact that the parties have entered into a compromise dated 17.01.2026. It is also noticed that pursuant to the FIR, charge-sheet has already been filed and the proceedings are pending before the trial court. The dispute between the parties is essentially personal in nature arising out of a family dispute between real brothers. The injuries reflected in the material placed on record are simple in nature and both sides appear to have received injuries in the course of the incident. This Court is satisfied that the compromise is genuine, voluntary and has been arrived at with full understanding of its consequences. Some of the offences alleged in this matter are non-compoundable, however, Hon’ble Supreme Court in the case of Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] has propounded that if it is convinced that offences are entirely personal in nature and do not affect the public peace or tranquility and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, the High Court should not hesitate to quash the same by exercising the inherent powers vested in it. It is observed that in such cases, the prosecution becomes a lame prosecution and pursuing such a prosecution would be a waste of time and energy and would also unsettle the compromise.

6. Here in this case, though some of the offences are not compoundable but the parties have settled the dispute amicably and the matter being essentially inter se between them, which is not affecting public peace and tranquility, therefore, with a view to maintain harmony and to resolve the dispute finally, it is deemed appropriate to quash the FIR as well as all consequential proceedings arising therefrom pending before the trial court qua the petitioner.

7. Accordingly, the criminal miscellaneous petition is allowed and the FIR mentioned above, along with all consequential proceedings arising therefro