[Cites 5, Cited by 0]
Rajasthan High Court - Jodhpur
Mohammad Sulemaan vs State Of Rajasthan on 23 March, 2026
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1306/2026
1. Mohammad Sulemaan S/o Shri Hmad Yasin, Aged About
30 Years, Resident Of Naankar Rani Tehsil Swaar District
Rampur Uttarpradesh
2. Smt Afsari W/o Shri Mohammad Yasin, Aged About 60
Years, Resident Of Naankar Rani Tehsil Swaar District
Rampur Uttarpradesh.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Smt Najiya Noor W/o Mohammad Sulemaan, D/o Late
Shri Zahur Ahmed R/o 58 Kalalwati Aayad District Udaipur
Rajasthan
----Respondents
For Petitioner(s) : Mr. Firoz Khan
For Respondent(s) : Mr. VS Rajpurohit, PP
Mr. Abhishek Pareek
HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU
Order
23/03/2026
This criminal misc. petition under Section 528 BNSS has
been preferred by the petitioner with the prayer for quashing
criminal proceedings pending against the petitioner before the
learned Additional Chief Judicial Magistrate No.2, Udaipur
(hereinafter referred to as 'the trial court') in Criminal Regular
Case No. 10723/2021, whereby the trial court vide order dated
15.11.2021 has refused to attest the compromise under Sections
498-A and 406 IPC.
Learned counsel for the petitioner submits that compromise
has been arrived at between the parties and the matter has been
settled amicably.
(Uploaded on 25/03/2026 at 05:17:40 PM)
(2 of 3) [CRLMP-1306/2026]
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 parties have resolved their entire
(Uploaded on 25/03/2026 at 05:17:40 PM)
(3 of 3) [CRLMP-1306/2026]
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 528 BNSS.
Accordingly, this criminal misc. petition is allowed and the
criminal proceedings pending before the learned Additional Chief
Judicial Magistrate No.2, Udaipur, in Criminal Regular Case
No.10723/2021 for the offences under Section 498-A and 406 IPC
and all subsequent criminal proceedings sought to be taken
thereunder against the petitioner are quashed.
(BALJINDER SINGH SANDHU),J
140-Jatin/-
(Uploaded on 25/03/2026 at 05:17:40 PM)
Powered by TCPDF (www.tcpdf.org)
