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Rajasthan High Court – Jodhpur
Murlidhar vs State Of Rajasthan (2025:Rj-Jd:31927) on 21 July, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:31927]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5036/2025
Murlidhar S/o Shri Tulsi Ram Paliwal, Aged About 32 Years, R/o
Mohan Changani Nagar, Phalodi, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Preeti Paliwal W/o Shri Abhishek Doshi, R/o Adarsh Nagar
Dungarpur Rajasthan.
3. Abhishek Doshi S/o Shri Yogeshchandra Doshi, R/o
Adarsh Nagar Dungarpur Rajasthan
----Respondents
For Petitioner(s) : Mr. Durgesh Khatri
For Respondent(s) : Mr. Narendra Singh Gehlot, DyGA,
with Mr. Om Prakash Choudhary, AGA
Mr. Balveer Singh, for the
complainant
HON'BLE MR. JUSTICE FARJAND ALI
Order
21/07/2025
1. The instant criminal miscellaneous petition has been filed
under Section 528 of the BNSS for quashing of the entire
proceedings in Criminal case No.772/2020 pending in the Court of
Chief Judicial Magistrate, Dungarpur (arising out of FIR
No.76/2019 registered at the Police Station Kotwali Dungarpur,
District Dungarpur) for the offences under Sections 384, 354(D),
354(C), 292 and 509 of the IPC and Section 65, 67 and 67A of the
IT Act.
2. It is submitted by learned counsel for the petitioner that the
dispute in between the parties has been resolved through an
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amicable settlement and now, there remains no controversy in
between them and the parties do not wish to continue the criminal
proceedings further. A compromise application was filed before
the trial court. The learned trial court vide order dated
13.05.2025 attested the compromise to the extent of offences
under Sections 500 and 506 of the IPC and petitioner has been
acquitted from these offences, however, the case is still pending
for the offence under Sections 384, 354(D), 354(C), 292 and 509
of the IPC and Section 65, 67 and 67A of the IT Act.
3. On the other hand, learned counsel appearing for
complainant-respondent admits the fact of compromise and
submits that he is willing if the entire proceedings are quashed on
the basis of compromise entered in between the parties.
4. Learned Public Prosecutor has opposed the petition.
5. Heard, perused the material available on record more
particularly the nature of allegation, the compromise deed
executed in between the parties and the order-sheets of the trial
court. The parties to the lis have resolved their dispute amicably
and do not wish to continue the criminal proceedings and have
jointly prayed for quashing of the same. 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
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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 lame
prosecution would be a waste of time and energy that will also
unsettle the compromise and obstruct restoration of peace. This
court is aptly guided by the principles propounded by Hon’ble the
Supreme Court and feels that where the dispute is essentially inter
se between the parties, either they are relatives, neighbours or
having business relationship and which does not affect the society
at large, then in such cases, with a view to maintain harmonious
relationships between the two sides, to end-up the dispute in
between them permanently as well as for restitution of
relationship, the High Court should exercise its inherent power to
quash the FIR and all other subsequent proceedings initiated
pursuant thereto.
6. Here in this case, though some of the offences are not
compoundable but the parties have settled the dispute amicably
and that is essentially in between the parties which is not affecting
public peace and tranquility, therefore, with a view to maintain the
harmony and to resolve the dispute finally in between the parties,
it is deemed appropriate to quash the entire proceedings pending
before the trial court.
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[2025:RJ-JD:31927] (4 of 4) [CRLMP-5036/2025]
7. Accordingly, the criminal miscellaneous petition is allowed
and the entire proceedings in Criminal case No.772/2020 pending
in the Court of Chief Judicial Magistrate, Dungarpur (arising out of
FIR No.76/2019 registered at the Police Station Kotwali
Dungarpur, District Dungarpur) are hereby quashed and set aside.
The petitioner is acquitted from the charges. His bail bonds shall
stand discharged.
8. The stay petition also stands disposed of.
(FARJAND ALI),J
98-Pramod/-
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