[Cites 3, Cited by 0]
Rajasthan High Court - Jodhpur
Santosh Mirdha vs State Of Rajasthan (2026:Rj-Jd:6109) on 3 February, 2026
[2026:RJ-JD:6109]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 642/2026
1. Preeti Mundiyada W/o Shri Ajeet Danga, Aged About 34
Years, R/o Dangawas Tehsil Merta City District Nagaur
2. Rajdeep Mundiyada S/o Mohan Ram, Aged About 38
Years, R/o Dangawas Tehsil Merta District Nagaur
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Kesharam S/o Shri Poosaram, R/o Beenthwal Tehsil
Mundwa District Nagaur
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 1178/2025
Sharvan Ram Khoja S/o Shri Kesha Ram Khoja, Aged About 33
Years, Bhintwal, P.s. Mundwa, Distt. Nagaur.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Preeti Mundiyada W/o Shri Ajeet Danga, Aged About 30
Years, Dangawas, P.s. Merta City, Distt. Nagaur.
----Respondents
S.B. Criminal Misc(Pet.) No. 693/2026
1. Santosh Mirdha W/o Shri Shrawanram Koja, Aged About
34 Years, Beenthwal, Tehsil Mundwa, District, Nagaur
2. Kesharam S/o Shri Poosaram, Aged About 65 Years,
Beenthwal, Tehsil, Mundwa, District Nagaur
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
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[2026:RJ-JD:6109] (2 of 4) [CRLMP-642/2026]
2. Preeti Mundiwada W/o Shri Ajeet Danga, Aged About 34
Years, Dangawas, Tehsil Merta City, District Nagaur
----Respondents
For Petitioner(s) : Mr. Sikander Khan
Mr. O.P. Solanki
Mr. Mansoor Ahmed
For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP
HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU
Order
03/02/2026
S.B. Criminal Misc(Pet.) No. 642/2026
The petitioner has preferred an application for impleading the
complainant Sharvan Ram Khoja as Respondent No. 2.
The application for early listing is allowed.
Sharvan Ram Khoja is represented by learned counsel O.P.
Solanki.
S.B. Criminal Misc(Pet.) No. 1178/2025 and S.B. Criminal
The matter comes up on an application (I.A. No.01/2026)
seeking early hearing of the matter.
For the reasons mentioned in the aforesaid application, the
same is allowed and the matter is being heard and decided today
itself.
The instant criminal misc. petition has been filed by the
petitioners under Section 528 BNSS, 2023 seeking quashing of the
F.I.R. No.158/2024, registered at Police Station Mundwa, District
Nagaur, for offences punishable under Sections 121(1), 132, 74,
115(2) of the BNS, 2023.
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Learned counsel for the petitioner has submitted that
compromise has been arrived at between the parties and the
matter has been settled amicably.
Learned counsel for the respondent No.2 does not dispute
the factum of 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 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
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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 petitioners can be quashed while exercising
powers under Section 482 Cr.P.C.
Accordingly, the present misc. petition is allowed. The F.I.R.
158/2024, registered at Police Station Mundwa, District Nagaur,
for offences punishable under Sections 121(1), 132, 74, 115(2) of
the BNS, 2023 and all other subsequent proceedings sought to be
taken thereunder are hereby quashed and set aside.
All pending application(s), if any, stands disposed of.
(BALJINDER SINGH SANDHU),J
106-108-nishantk/-
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