Tehsil Dausa District Dausa ( Rajasthan). vs State Of Rajasthan, Through P.p.

Shankarlal S/o Shri Babulal, Resident Of Village Jhera, Post Chandrana, Police Station Sainthal Resident Of, Tehsil Dausa District Dausa ( Rajasthan). ----Petitioners

2. Versus State Of Rajasthan, Through P.p. Kaluram S/o Ramnath, Resident Of Biharipura Tehsil Dausa Police Station Sainthal District Dausa ( Rajasthan). ----Respondents For Petitioner(s) For Respondent(s) : Mr. Prakash Thakuriya Ms. Pooja Badaya : Mr. Vivek Sharma, PP Mr. Sunil Khanna HON'BLE MR. JUSTICE SUDESH BANSAL Order 12/08/2025

1. A joint prayer has been made to quash the criminal proceedings in view of compromise arrived at between the parties.

2. The allegation against petitioners is to use a forged marksheet of Class-VII, to contest the Election of Sarpanch. However, during course of trial, complainant has entered into compromise with the petitioners. It has inter alia been stated that petitioners are not successful and winning candidates in the election rather the complainant's candidate is a winning candidate.

3. The compromise entered into between the parties was placed on record before the trial Court which has been attested and [2025:RJ-JP:31274] (2 of 4) [CRLMP-2031/2025] verified in respect of offence under Section 420 IPC being compoundable, however has been declined in respect of offences under Sections 467, 468, 471, 120-B IPC against petitioner no. 1 and for offences under Sections 467, 468, 471, 120-B 201 & 109 IPC against petitioner no. 2, vide order dated 20.12.2024.

4. A copy of compromise dated 16.08.2024, duly signed by both parties, has been placed on record as Ann.3. Complainant, who is present in person, has no objection to quash the FIR and further investigation in the matter.

5. The Hon’ble Supreme Court in case of Gian Singh Vs. State of Punjab[(2012) 10 SCC 303] observed as follows: “57. Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same thing as compounding of offence. They are different and not interchangeable. Strictly speaking, the power of compounding of offences given to a court under Section 320 is materially different from the quashing of criminal proceedings by the High Court in exercise of its inherent jurisdiction. In compounding of offences, power of a criminal court is circumscribed by the provisions contained in Section 320 and the court is guided solely and squarely thereby while, on the other hand, the formation of opinion by the High Court for quashing a criminal offence or criminal proceeding or criminal complaint is guided by the material on record as to whether the ends of justice would justify such exercise of power although the ultimate consequence may be acquittal or dismissal of indictment. 58. Where High Court quashes a criminal proceeding having regard to the fact that dispute between the offender and victim has been settled although offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. No doubt, crimes are acts which have harmful effect on the public and consist in wrong doing that seriously endangers and threatens well-being of society and it is not safe to leave the crime-doer only because he and the victim have settled the dispute amicably or that the victim has been paid compensation, yet certain crimes have been made compoundable in law, with or without permission of the Court. In respect of serious offences like murder, offences of mental depravity under Indian Penal Code or offences of moral turpitude under special statutes, like Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between offender and victim can have no legal sanction at all. However, certain offences dacoity, rape, etc; [2025:RJ-JP:31274] (3 of 4) [CRLMP-2031/2025] which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to victim and the offender and victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or F.I.R if it is satisfied that on the face of such settlement, there is hardly any likelihood of offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated. The above list is illustrative and not exhaustive. Each case will depend on its own facts and no hard and fast category can be prescribed.” The above principles of law have been followed and reiterated by the Apex Court, recently, in case of Naushey Ali and Others Vs. State of Uttar Pradesh [(2025) 4 SCC 78].

6. The Hon’ble Supreme Court in another case of Ramgopal Vs. The State of Madhya Pradesh [(2022) 14 SCC 531] observed as follows: “12. The High Court, therefore, having regard to the nature of the offence and the fact that parties have amicably settled their dispute and the victim has willingly consented to the nullification of criminal proceedings, can quash such proceedings in exercise of its inherent powers under Section 482 Cr.P.C., even if the offences are non- compoundable.”

7. This Court is of the considered opinion that in order to maintain peace and harmony between parties, it is just and proper to drop the criminal proceedings in the present FIR, in view of settlement arrived at between parties. The legal proposition of law as set forth in the afore-referred judgments also permits to quash the proceedings in such nature of offences, which indeed do not affect public at large. Therefore, this Court deems it just and proper to allow present misc. petition.

8. As a final result, present criminal miscellaneous petition is [2025:RJ-JP:31274] (4 of 4) [CRLMP-2031/2025] allowed and FIR No. 37/2015 registered at Police Station Sainthal, District Dausa, with all consequential proceedings qua petitioners, are hereby quashed and set aside.

9. Stay application and pending application(s), if any, stand disposed of. RONAK JAIMAN/12 (SUDESH BANSAL),J