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Rajasthan High Court - Jodhpur
Arjun vs State Of Rajasthan (2026:Rj-Jd:7165) on 9 February, 2026
[2026:RJ-JD:7165]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1125/2026
Arjun S/o Ved Prakash, Aged About 22 Years, Acharyo Ka Bass
Killi Khana Jodhpur
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Sharwan Singh S/o Mohbbat Singh, Chandsama Dechu
District Phalodi
----Respondents
For Petitioner(s) : Mr. L.D. Lakhara
For Respondent(s) : Mr. Vikram Rajpurohit, PP
Mr. BPS Inda
Mr. Sheshpal Bishnoi
HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU
Order
09/02/2026
The present criminal misc. petition has been filed by the
petitioner under Section 528 BNSS for quashing of FIR
No.38/2026, registered at Police Station Udai Mandir, District
Jodhpur City East for the offences under Sections 281 and 125(a)
of BNS.
Learned counsel for the petitioner submits 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:-
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[2026:RJ-JD:7165] (2 of 3) [CRLMP-1125/2026]
"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
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
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[2026:RJ-JD:7165] (3 of 3) [CRLMP-1125/2026]
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 of BNSS.
Accordingly, the present misc. petition is allowed. The FIR
No.38/2026, registered at Police Station Udai Mandir, District
Jodhpur City East for the offences under Sections 281 and 125(a)
of BNS and all subsequent proceedings sought to be taken
thereunder against the petitioner, are hereby quashed.
However, the Investigating Officer shall release the vehicle in
question strictly in accordance with law.
All pending application(s), if any, stand disposed of.
(BALJINDER SINGH SANDHU),J
140-deep/-
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