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2026 Supreme(Online)(Raj) 15265

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Anuroop Singhi, J
YOGESH BAIRWA SON OF SHRI SHANKAR LAL BAIRWA – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
S.B. Criminal Miscellaneous (Petition) No. 2522/2026



Advocates:
For the Appellants/Petitioners: Dilip Singh
For the Respondents: Manvendra Singh Shekhawat, Shubham Saini, Poonam Kanwar

The High Court can exercise its inherent powers to quash criminal proceedings for non-compoundable offences if the dispute is private and personal in nature and has been amicably settled, provided the offence does not have a serious impact on society.

Headnote:The petitioners filed a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the quashing of FIR No. 0042/2026 registered for offences under Sections 305(a) and 331(3) of the Bharatiya Nyaya Sanhita, 2023. The parties entered into a compromise dated 10.04.2026, which was subsequently confirmed by the Investigating Officer in a factual report. The court noted that the petitioners had no prior criminal antecedents. The primary issue was whether the High Court could quash criminal proceedings for non-compoundable offences based on a compromise. The court reasoned that in exercise of its inherent powers, the High Court can quash proceedings if the dispute is essentially of a private and personal nature and the parties have amicably settled the matter, provided the offences do not have a serious impact on society, relying on established precedents from the Hon’ble Supreme Court. Resultantly, this criminal miscellaneous petition is allowed and the FIR No.0042/2026 dated 06.04.2026 registered at Police Station Sez, District Jaipur City (West) Rajasthan, along with all consequential proceedings arising therefrom, are hereby quashed and set aside.

Table of Content
1. parties reached an amicable compromise to settle the criminal dispute. (Para 1 , 2 , 3 , 4 , 6)
2. inherent powers allow quashing of private disputes settled amicably. (Para 5 , 7 , 8)
3. fir and consequential proceedings quashed due to settlement. (Para 9 , 10)

Order

1. This criminal miscellaneous petition under Section 528 B.N.S.S., 2023 has been filed by the petitioners for quashing the criminal proceeding arising out of FIR No.0042/2026 dated 06.04.2026 registered at Police Station Sez, District Jaipur City (West) Rajasthan, for the alleged offences punishable under Sections 305(a) and 331(3) of B.N.S., 2023.

2. Learned counsel for the petitioners, at the very outset, submit that the FIR in question arises out of a dispute between the parties and as the parties have arrived at a compromise dated 10.04.2026, a copy of which has been annexed in the petition as Annexure-2, the FIR in question deserves to be quashed in view of the judgments passed by the Hon’ble Supreme Court in Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Narinder Singh & Ors. Vs. State of Punjab & Anr. (2014) 6 SCC 466 and State of Madhya Pradesh Vs. Laxmi Narayan and Ors. , reported in (2019) 5 SCC 688

3. Learned counsel appearing for respondent No.2 – complainant while acknowledging the factum of compromise between the parties submits that the respondent No.2 – complainant has willingly arrived at the said compromise and has no objection if the FIR in question is quashed.

4. Learned Public Prosecutor has handed over the factual report dated 29.04.2026 submitted by the concerned Investigating Officer, wherein the factum of compromise being entered into between the parties has been confirmed and thus, he submits that in view of the compromise entered into between the parties, appropriate order be passed.

5. Heard learned counsel for the parties and perused the record.

6. In pursuance to the orders dated 22.04.2026 and 04.05.2026 passed by this Court, the Investigating Officer was directed to submit the status report with respect to the compromise entered into between the parties. Factual report in that regard has been received and is taken on record, wherein the Investigating Officer has confirmed the factum of compromise being entered into between the parties. The antecedents of the petitioners have also been placed on record which reveals that there are no pending cases against any of the petitioners.

7. From the material on record, it is apparent that the dispute has amicably been settled between the parties. The Hon’ble Supreme Court in Gian Singh (supra), has authoritatively held that the High Court in exercise of its inherent powers under Section 482 Cr.P.C. can quash criminal proceedings even in respect of non-compoundable offences if the dispute is essentially of a private and personal nature and the parties have amicably settled the matter, provided that such offences do not have a serious impact on society.

The above mentioned position of law has been reiterated and has been consistently held in currency by the Hon’ble Supreme Court and Co-ordinate Benches of this Court.

8. In light of the above, this Court finds that the dispute has been amicably resolved. The complainant has no subsisting grievance against the petitioners and hence, as there is no possibility of conviction, allowing such criminal proceedings to continue would be nothing but an abuse of the process of law and thus, it would be in the interest of justice to exercise the inherent powers as vested upon this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023.

9. Resultantly, this criminal miscellaneous petition is allowed and the FIR No.0042/2026 dated 06.04.2026 registered at Police Station Sez, District Jaipur City (West) Rajasthan, along with all consequential proceedings arising therefrom, are hereby quashed and set aside.

10. Pending application(s), if a

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