[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Dholu @ Iliyas vs State Of Rajasthan (2026:Rj-Jd:8190) on 12 February, 2026
[2026:RJ-JD:8190]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1226/2026
1. Dholu @ Iliyas S/o Shekat Shah Kaji, Aged About 42
Years, Ward No. 34, Sardarshahar, District Churu.
2. Akram S/o Shaukat, Aged About 29 Years, Ward No. 34,
Umra Masjid Ke Pass, Sardarshahar, District Churu.
3. Salim S/o Shaukat, Aged About 43 Years, Ward No. 34,
Umra Masjid Ke Pass, Sardarshahar, District Churu.
4. Babulal @ Babulal S/o Shaukat, Aged About 33 Years,
Ward No. 34, Umra Masjid Ke Pass, Sardarshahar, District
Churu.
5. Niyamat W/o Shaukat, Aged About 56 Years, Ward No.
34, Umra Masjid Ke Pass, Sardarshahar, District Churu.
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Bhawara S/o Lal Mohmamad, Ward No. 26 New 35,
Anjuman School Ke Pas, Sardarshahar, Churu.
3. Firaoj Bano W/o Bhanwara, Ward No. 26 New 35,
Anjuman School Ke Pas, Sardarshahar, Churu.
4. Rajiya W/o Sarif, Ward No. 26 New 35, Anjuman School
Ke Pas, Sardarshahar, Churu.
5. Sarif S/o Lal Mohmamad, Ward No. 26 New 35, Anjuman
School Ke Pas, Sardarshahar, Churu.
6. Ummed S/o Lal Mohmamad, Ward No. 26 New 35,
Anjuman School Ke Pas, Sardarshahar, Churu.
7. Saleem S/o Lal Mohmamad, Ward No. 26 New 35,
Anjuman School Ke Pas, Sardarshahar, Churu.
8. Javed S/o Bhawara, Ward No. 26 New 35, Anjuman
School Ke Pas, Sardarshahar, Churu.
----Respondents
For Petitioner(s) : Mr. Jaipal Singh
For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP
Mr. Shailendra Singh
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[2026:RJ-JD:8190] (2 of 4) [CRLMP-1226/2026]
HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU
Order
12/02/2026
The instant criminal misc. petition under Section 528 of
BNSS has been filed by the petitioners seeking quashing of the
FIR No.433/2025, registered at Police Station Sardarshahar,
District Churu, for the offence under Sections 115(2), 126(2),
352, 189(2) of the BNS.
Learned counsel for the parties submitted that the parties
have settled their disputes and have arrived at a compromise.
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
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[2026:RJ-JD:8190] (3 of 4) [CRLMP-1226/2026]
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 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."
He, therefore, prayed that the impugned criminal
proceedings 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 further prosecute the petitioners.
In view of 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 present misc. petition is allowed. The FIR
FIR No.433/2025, registered at Police Station Sardarshahar,
District Churu, for the offence under Sections 115(2), 126(2),
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[2026:RJ-JD:8190] (4 of 4) [CRLMP-1226/2026]
352, 189(2) of the BNS and all subsequent criminal proceedings
sought to be taken thereunder against the petitioner, are quashed.
(BALJINDER SINGH SANDHU),J
116-Hanuman/-
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