Noor Mohd Khan vs State Of Rajasthan on 14 July, 2026

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    Rajasthan High Court – Jodhpur

    Noor Mohd Khan vs State Of Rajasthan on 14 July, 2026

    [2026:RJ-JP:31472]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                           AT JODHPUR
    
            S.B. Criminal Miscellaneous (Petition) No. 3471/2026
                            CNR: RJHC010415082026
                           URN: CRLMP / 6216U / 2026
    
    Noor Mohd Khan S/o Sammu Khan, Aged About 46 Years, R/o
    Ravvala, Police Station Bajju, District Bikaner.
                                                                             ----Petitioner
                                          Versus
    1.       State Of Rajasthan, Through Pp
    2.       Smt Gaytri W/o Devendra Nath, R/o Makan No. S-80, Nri
             Colony, Pratap Nagar, Jaipur.
                                                                        ----Respondents
    
    
    For Petitioner(s)           :     Mr. Virendra Acharya
    For Respondent(s)           :     Mr. Hanuman Prajapati, PP
                                      Mr. Naved Khan
    
    
    
          HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

    Order

    14/07/2026

    SPONSORED

    The instant Criminal Miscellaneous Petition under Section

    528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been

    preferred by the petitioner seeking quashing of the criminal

    proceedings pending before the learned Additional Chief Judicial

    Magistrate No.1, Bikaner arising out of FIR No.205/2014

    registered at Police Station Bajju, District Bikaner for the offences

    under Sections 420, 467, 468, 471 IPC.

    It is submitted that though the petitioner was acquitted by

    the learned trial court for the offence under Section 420 IPC on

    the basis of a compromise arrived at between the parties,

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    however, proceedings were directed to continue against the

    petitioner for the offences under Sections 467, 468 and 471 IPC.

    Learned counsel for the petitioner submits that during the

    pendency of proceedings, the parties have amicably resolved their

    disputes and have entered into a compromise.

    Learned counsel appearing for respondent No.2 does not

    dispute the factum compromise arrived at between the parties.

    The Hon’ble Apex Court while answering a reference in the

    case of Gian Singh Vs. State of Punjab & Anr. reported in JT

    2012(9) SC – 426 has held as below:-

    “57. The position that emerges from the above
    discussion can be summarised thus: the power
    of the High Court in quashing a criminal
    proceeding or FIR or complaint in exercise of its
    inherent jurisdiction is distinct and different
    from the power given to a criminal court for
    compounding the offences under Section 320 of
    the Code. Inherent power is of wide plenitude
    with no statutory limitation but it has to be
    exercised in accord with the guideline engrafted
    in such power viz; (i) to secure the ends of
    justice or (ii) to prevent abuse of the process of
    any Court. In what cases power to quash the
    criminal proceeding or complaint or F.I.R may
    be exercised where the offender and victim
    have settled their dispute would depend on the
    facts and circumstances of each case and no
    category can be prescribed. However, before
    exercise of such power, the High Court must
    have due regard to the nature and gravity of
    the crime. Heinous and serious offences of
    mental depravity or offences like murder, rape,
    dacoity, etc. cannot be fittingly quashed even
    though the victim or victim’s family and the
    offender have settled the dispute. Such offences
    are not private in nature and have serious
    impact on society. Similarly, any compromise
    between the victim and offender in relation to
    the offences under special statutes like
    Prevention of Corruption Act or the offences
    committed by public servants while working in
    that capacity etc; cannot provide for any basis

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    for quashing criminal proceedings involving
    such offences. But the criminal cases having
    overwhelmingly and pre-dominatingly civil
    flavour stand on different footing for the
    purposes of quashing, particularly the offences
    arising from commercial, financial, mercantile,
    civil, partnership or such like transactions or the
    offences arising out of matrimony relating to
    dowry, etc. or the family disputes where the
    wrong is basically private or personal in nature
    and the parties have resolved their entire
    dispute. In this category of cases, High Court
    may quash criminal proceedings if in its view,
    because of the compromise between the
    offender and victim, the possibility of conviction
    is remote and bleak and continuation of criminal
    case would put accused to great oppression and
    prejudice and extreme injustice would be
    caused to him by not quashing the criminal case
    despite full and complete settlement and
    compromise with the victim. In other words, the
    High Court must consider whether it would be
    unfair or contrary to the interest of justice to
    continue with the criminal proceeding or
    continuation of the criminal proceeding would
    tantamount to abuse of process of law despite
    settlement and compromise between the victim
    and wrongdoer and whether to secure the ends
    of justice, it is appropriate that criminal case is
    put to an end and if the answer to the above
    question(s) is in affirmative, the High Court
    shall be well within its jurisdiction to quash the
    criminal proceeding.”

    Keeping in view the observations made by the Hon’ble

    Supreme Court in Gian Singh‘s case (supra), this Court is of the

    opinion that it is a fit case, wherein the criminal proceedings

    pending against the petitioner can be quashed while exercising

    powers under Section 528 BNSS.

    Accordingly, this criminal misc. petition is allowed and the

    criminal proceedings pending before the learned Additional Chief

    Judicial Magistrate No.1, Bikaner, arising out of FIR No.205/2014

    registered at Police Station Bajju, District Bikaner and all

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    subsequent criminal proceedings sought to be taken thereunder

    against the petitioner are hereby quashed and set aside.

    (BALJINDER SINGH SANDHU),J

    24/Hanuman Ram/365

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