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    Rajasthan High Court – Jodhpur

    Urn: Crlmp / 6479U / 2026Rajendra Pareek vs State Of Rajasthan (2026:Rj-Jd:23383) on 15 May, 2026

    [2026:RJ-JD:23383]
    
           HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                            JODHPUR
            S.B. Criminal Miscellaneous (Petition) No. 3613/2026
    
    1.       Rajendra Pareek S/o Natthamal Joshi, Aged About 60
             Years, Resident of House No. 561, Hanwant-A, BJS
             Colony, Jodhpur.
    2.       Bhooraram S/o Kishanaram, Aged About 50 Years,
             Resident of Meghwalon Ka Bass, Village Pal, Tehsil and
             District Jodhpur.
                                                        ----Petitioners
                                   Versus
    1.       State Of Rajasthan, Through Public Prosecutor.
    2.       Prem Prakash Bansal S/o Jeevanlal Bansal, Aged About
             65 Years, Resident of Shiv Sadan, Badipan Ki Gali, First B
             Road, Sardarpura, Jodhpur.
                                                      ----Respondents
    
    
    For Petitioner(s)            :     Mr. Ashok Khichar.
    For Respondent(s)            :     Mr. Vikram Singh Rajpurohit, PP.
                                       Mr. Hemant Bithu (R/2).
    
    
                HON'BLE MR. JUSTICE MUNNURI LAXMAN
                                            Order
    15/05/2026
    
    1.     The present Criminal Misc. Petition has been filed challenging
    
    the order of the Magistrate dated 23.03.2026 wherein, the
    
    application filed by the petitioners for composition of the offences
    
    punishable under Sections 420 and 120-B of the Indian Penal
    
    Code    (for   short,     'IPC')     was      partly      allowed,   allowing   the
    
    composition of the offence punishable under Section 420 IPC,
    
    while rejecting the composition of the offence punishable under
    
    Section 120-B IPC while observing that the said offence is not a
    
    listed offence given under the table of compoundable offences.
    
    2.     The brief facts reflect that the petitioners are facing trial for
    
    the offences punishable under Sections 420 and 120-B IPC. While
    
    such proceedings are pending, the parties have settled their
    
    dispute through a written agreement (compromise). They filed an
    
    application for composition of the offences punishable under
    
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    Sections 420 and 120-B before the concerned Court. The main
    
    offence punishable under Section 420 IPC is a compoundable
    
    offence with the permission of the Court whereas, the offence
    
    punishable under Section 120-B is not a listed offence in the table
    
    given for composition of the offences, with permission or without
    
    the permission of the Court.
    
    3.    The Court below considered the fact that the offence
    
    punishable under Section 120-B IPC is not a listed offence under
    
    the table given for composition of offences under Section 320
    
    Cr.P.C. In this regard, Section 120-B IPC is relevant and it reads as
    
    follows:-
    
    
          "120B. Punishment of criminal conspiracy.--(1)
          Whoever is a party to a criminal conspiracy to commit
          an offence punishable with death, 1[imprisonment for
          life] or rigorous imprisonment for a term of two years
          or upwards, shall, where no express provision is made
          in this Code for the punishment of such a conspiracy,
          be punished in the same manner as if he had abetted
          such offence.
          (2) Whoever is a party to a criminal conspiracy other
          than a criminal conspiracy to commit an offence
          punishable     as   aforesaid        shall    be     punished       with
          imprisonment of either description for a term not
          exceeding six months, or with fine or with both."
    
    4.    On    going    through      the     contents        of      the   offence,   the
    
    punishment which is prescribed under this Section is similar to the
    
    punishment for abetment of the main offence punishable under
    
    Section 420 IPC. Section 109 IPC is relevant in this regard and it
    
    reads as follows:-
    
    
    
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          "109. Punishment of abetment if the act abetted
          is committed in consequence and where no
          express provision is made for its punishment.--
          Whoever abets any offence shall, if the act abetted is
          committed in consequence of the abetment, and no
          express provision is made by this Code for the
          punishment of such abetment, be punished with the
          punishment provided for the offence.
          Explanation.--An           act     or     offence       is      said   to   be
          committed in consequence of abetment, when it is
          committed in consequence of the instigation, or in
          pursuance of the conspiracy, or with the aid which
          constitutes the abetment."
    
    5.    From the reading of the above provisions, if the offence of
    
    abetment is committed and if no express provision is made for
    
    punishment of such abetment, the punishment prescribed for the
    
    main offence, shall be the punishment for the abetment offence.
    
    This means that the punishment for the offence punishable under
    
    Section 120-B IPC is the same as that which is prescribed for the
    
    abetment of the said offence.
    
    6.    To answer the issue involved in the present petition, it is apt
    
    to refer to Section 320 of the Cr.P,.C., which reads as under:-
    
    
             "S. 320. Compounding of offences.-(1) The offences
             punishable under the sections of the Indian Penal Code,
             (45 of 1860) specified in the first two columns of the
             Table next following may be compounded by the persons
             mentioned in the third column of that Table-
    
                                          TABLE
               --------------------------------------------------------------
    

    Offence Section of the Indian Penal Code Person by whom offence
    may be compounded

    ———————————————————————————-

    SPONSORED

    (1) (2) (3)

    ———————————————————————————-

                   *                         *                                      *
    
    
    
    
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    (2) The offences punishable under the sections of the
    Indian Penal Code (45 of 1860) specified in the first two
    columns of the table next following may, with the
    permission of the Court before which any prosecution for
    such offence is pending, be compounded by the persons
    mentioned in the third column of that Table-

    TABLE

    ————————————————————–
    Offence Section of the Indian Penal Code Person by whom offence
    may be compounded

    ———————————————————————————-

    (1) (2) (3)

    ———————————————————————————-

    * * *

    (3) When an offence is compoundable under this section,
    the abetment of such offence or an attempt to commit
    such offence (when such attempt is itself an offence) or
    where the accused is liable under section 34 or 149 of
    the Indian Penal Code (45 of 1860) may be compounded
    in like manner.

    (4)(a) When the person who would otherwise be
    competent to compound an offence under this section is
    under the age of eighteen years or is an idiot or a lunatic,
    any person competent to contract on his behalf, may,
    with the permission of the Court, compound such
    offence.

    (b) When the person who would otherwise be competent
    to compound an offence under this section is dead, the
    legal representative, as defined in the Code of Civil
    Procedure
    , 1908 (5 of 1908), of such person may, with
    the consent of the Court, compound such offence.
    (5) When the accused has been committed for trial or
    when he has been convicted and an appeal is pending,
    no composition for the offence shall be allowed without
    the leave of the Court to which he is committed, or, as
    the case may be, before which the appeal is to be heard.
    (6) A High Court or Court of Session acting in the
    exercise of its powers of revision under Section 401 may
    allow any person to compound any offence which such
    person is competent to compound under this section.
    (7) No offence shall be compounded if the accused is, by
    reason of a previous conviction, liable either to enhanced
    punishment or to a punishment of a different kind for
    such offence.

    (8) The composition of an offence under this section shall
    have the effect of an acquittal of the accused with whom
    the offence has been compounded.

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    (9) No offence shall be compounded except as provided
    by this section.”

    7. A reading of the above provision clearly demonstrates that

    the Section 320(3) of the Cr.P.C. permits the compounding of the

    abetment of a main offence or an attempt to commit such an

    offence. However, the provision omits any reference to conspiracy

    to commit the main offence. There appears to be no logical basis

    for excluding conspiracy from the scope of compounding. The

    offence of conspiracy is treated on par with abetment in terms of

    punishment, yet this omission results in unequal treatment of

    accused-persons charged with conspiracy as opposed to those

    charged with abetment of the same offence. There is no challenge

    to Section 320(3) of the Cr.P.C. As long as the provision remains

    unchallenged, the Magistrate cannot be said to have the

    jurisdiction to compound such an offence. The concerned party

    ought to have challenged the provision itself, which has not been

    done.

    8. In the case of Gian Singh v. State of Punjab & Anr.,

    reported in (2012) 10 SCC 303, the Hon’ble Supreme Court had

    the occasion to consider whether powers under Section 482 Cr.P.C.

    can be invoked to quash a non-compoundable offence. In the said

    judgment, it was held that where offences are essentially personal

    or individual-centric, such criminal proceedings may be quashed.

    In the present case, the offences are also individual-centric.

    Therefore, the entire criminal proceedings relating to the non-

    compoundable offences are liable to be quashed.

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    9. In the result, the criminal miscellaneous petition is allowed.

    The criminal proceedings in Criminal Case No. 184/2015, pending

    before the Metropolitan Magistrate, Jodhpur, arising out of FIR No.

    333/2011, P.S. Udai Mandir, District Jodhpur, for offences

    punishable under Section 120-B of the IPC are hereby quashed.

    The petitioners are acquitted of the said offences.

    (MUNNURI LAXMAN),J
    1-Mohan/-

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