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Rajasthan High Court - Jodhpur
Mohammed Anis vs State Of Rajasthan (2026:Rj-Jd:4615) on 27 January, 2026
[2026:RJ-JD:4615]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 600/2026
Mohammed Anis S/o Mohammed Said, Aged About 50 Years, R/o
Behind Sindhi Dharmshala Sindhi Colony Banswara (Rural)
District Banswara Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Shri Bahubali Kothari S/o Shri Kamal Kumar Kothari, R/o
Oswalwada Mahalaxmi Chowk District Banswara
Rajasthan
----Respondents
For Petitioner(s) : Mr. Raghuveer Singh Bhati
For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP
Mr. Dilip Choudhary
HON'BLE MR.JUSTICE SANDEEP SHAH
Order
27/01/2026
1. Learned counsel for the petitioner submits that the parties
have entered a compromise and the compromise deed has been
placed on record at Page-19 of the paper book. He further asserts
that qua the same FIR in S.B. Criminal Miscellaneous Petition
No.5122/2025 "Pradeep Kothari & Anr. v. State of Rajasthan &
Anr.", this Court vide order dated 07.07.2025 has allowed the
miscellaneous petition and quashed the FIR based upon the
compromise while relying upon the judgment of the "Gian Singh
v. State of Punjab & Anr." For the sake of convenience, the
order dated 07.07.2025 is quoted as under:-
"The instant criminal misc. petition under Section 528 BNSS
has been filed by the petitioners seeking quashing of the
F.I.R. No.102/2025, registered at Police Station Banswara,
(Uploaded on 28/01/2026 at 11:20:10 AM)
[2026:RJ-JD:4615] (2 of 3) [CRLMP-600/2026]
District Banswara, for the offences punishable under
Sections 189(2), 331(4), 305(a), 115(2), 119(1), 324(4)
and 74 of BNS.
Learned counsel for the petitioners submitted that the
parties have amicably settled their disputes and have
arrived at a compromise.
Learned counsel for the petitioners has placed
reliance on a decision of Hon'ble the Supreme Court in the
case of Gian Singh Vs. State of Punjab & Anr. reported
in (2012)10 SCC 303. He therefore prayed that the
impugned FIR 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 BNSS.
Accordingly, the present misc. petition is allowed. The
F.I.R. No.102/2025, registered at Police Station Banswara,
District Banswara, for the offences punishable under
Sections 189(2), 331(4), 305(a), 115(2), 119(1), 324(4)
and 74 of BNS, and all subsequent proceedings sought to be
taken thereunder against the petitioners, are quashed.
All pending applications stand disposed of."
2. Learned counsel for the respondents does not oppose the
submission and rather emphasizes the factum of the compromise
entered between the parties and submits that he has got no
objection to quashing out the FIR. Learned Public Prosecutor
acknowledges the fact of identical order being passed in the case
of "Pradeep Kothari & Anr. v. State of Rajasthan & Anr."
3. Considering the submissions made and taking guidance from
the judgment passed by the Hon'ble Apex Court in the case of
Gian Singh v. State of Punjab & Anr. reported in (2012)10
SCC 303, the present criminal miscellaneous petition is allowed.
(Uploaded on 28/01/2026 at 11:20:10 AM)
[2026:RJ-JD:4615] (3 of 3) [CRLMP-600/2026]
FIR No.102/2025 registered at Police Station Banswara, Distrit
Banswara for offences under Sections 189(2), 331(4), 305(a),
115(2), 119(1), 324(4) and 74 of BNS is quashed.
4. All pending applications stands disposed of.
(SANDEEP SHAH),J
6-charul/-
(Uploaded on 28/01/2026 at 11:20:10 AM)
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