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Rajasthan High Court – Jodhpur
Mohammad Salim vs State Of Rajasthan (2025:Rj-Jd:31713) on 18 July, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:31713]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5646/2025
1. Mohammad Salim S/o Alladeen, Aged About 58 Years,
Panchva ,kallan Police Station Shivpura District Pali
2. Amin S/o Alladin, Aged About 41 Years, Panchva ,kallan
Police Station Shivpura District Pali
3. Smt Bismilla W/o Alladin, Aged About 80 Years,
Panchva ,kallan Police Station Shivpura District Pali
----Petitioners
Versus
1. State Of Rajasthan, Through P.P.
2. Madina W/o Kadar Khan, Panchva ,kallan Police Station
Shivpura District Pali At Present Guda Mukamsingh Tehsil
Marwar Junction District Pali.
----Respondents
For Petitioner(s) : Mr. Om Rajpurohit
For Respondent(s) : Mr. Narendra Singh Chandawat, PP
Mr. Shadab Khan for complainant
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
18/07/2025
The instant criminal misc. petition under Section 528 of
BNSS has been filed by the petitioners seeking quashing of the
order dated 03.01.2025 passed by the learned Additional Judicial
Magistrate, Sojat, District Pali in Criminal Case No.90/2025 to the
extent that the learned Court below has refused to compound the
offences under Sections 467, 468, 471 and 120-B IPC.
Learned counsel for the petitioners submitted that the
petitioners and the complainant have settled their disputes and
have arrived at a compromise. The said compromise was
submitted before the learned court below by filing an application
under Section 320 Cr.P.C., however, the learned court below,
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[2025:RJ-JD:31713] (2 of 2) [CRLMP-5646/2025]
though accepted the compromise to the extent of offences under
Section 420 IPC, but denied to compound the offences punishable
under Sections 467, 468, 471 and 120-B IPC.
Learned counsel for the petitioners has placed reliance on
the decision of Hon’ble the Supreme Court in the cases of Gian
Singh Vs. State of Punjab & Anr. reported in (2012)10 SCC
303]. He therefore prayed that the impugned criminal
proceedings pending against the petitioners may kindly be
quashed.
Learned counsel for the complainant concurs the factum of
compromise and submits that in view of the compromise, the
complainant is not inclined to proceed further in the matter.
In view of the compromise arrived at between the parties
and applying the ratio in decision of Gian Singh (Supra), this
Court deems it just and proper to invoke inherent powers under
Section 528 of BNSS.
Accordingly, the instant misc. petition is allowed. The
impugned order dated 03.01.2025 passed by the learned
Additional Judicial Magistrate, Sojat, District Pali in Criminal Case
No.90/2025 is hereby modified. All further proceedings of the
Criminal Regular Case No.90/2025 against the petitioners pending
in the Court of learned Additional Judicial Magistrate, Sojat,
District Pali are hereby quashed qua the petitioners.
(KULDEEP MATHUR),J
102-Dinesh/-
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