Kapil Meerchandani S/O Late Kamal Kishore… — Cheating and Forgery | Rajasthan HC (2025)

Kapil Meerchandani S/O Late Kamal Kishore… — Cheating and Forgery | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Petitioners acquitted under Section 120-B of IPC on the ground of compromise entered between the parties; FIR No.37/2024 registered at Police Station Malviya Nagar, District Jaipur City (East), with all consequential proceedings qua the petitioners, quashed and set aside. Pending applications disposed of.

Issue for consideration

Whether the criminal miscellaneous petition under Section 528 of BNSS should be allowed so that the petitioners are acquitted under Section 120-B of IPC on the ground of compromise entered between the parties. +1 more

Court's answer

The criminal miscellaneous petition is allowed: the petitioners are acquitted under Section 120-B of IPC on the ground of compromise entered between the parties, and FIR No.37/2024 registered at Police Station Malviya Nagar, District Jaipur City (East), with all consequential proceedings qua the petitioners, is quashed and set aside.

Ratio / Principle

In view of the position of law laid down by the Hon'ble Apex Court in Gian Singh (2012) 10 SCC 303 and Ramgopal (2022) 14 SCC 531, and considering that the dispute was inter-se private/personal in nature and had been amicably settled between the parties, this Court deemed it just and proper to allow the present petition.

Detailed headnote1 paragraphs

High Court of Judicature for Rajasthan, Jaipur Bench (Neutral Citation: 2025:RJ-JP:19487) — S.B. Criminal Miscellaneous (Petition) No. 2580/2025, decided 08/05/2025 by Praveer Bhatnagar, J. Petition under Section 528 of BNSS against the order dated 01.04.2025 of the Additional Sr. Civil Judge and Additional Chief Judicial Magistrate No.4, Jaipur Metropolitan-I in Criminal Case No.31644/2024 arising out of FIR No.37/2024, PS Malviya Nagar, District Jaipur City (East), for offences under Sections 420, 406, 467, 468, 471 and 120-B of IPC. After submission of charge-sheet under Sections 420, 406 and 120-B of IPC, the trial court on 01.04.2025 partly allowed the parties' compromise application — acquitting the petitioners under Sections 420 and 406 IPC — but rejected the compromise under Section 120-B IPC as non-compoundable. Placing reliance on Gian Singh v. State of Punjab, (2012) 10 SCC 303, and Ramgopal v. The State of Madhya Pradesh, 2022 (14) SCC 531, and considering that the dispute was inter-se private in nature and had been amicably settled between the parties, the Court held it just and proper to allow the petition: the petitioners were acquitted under Section 120-B of IPC on the ground of compromise, and FIR No.37/2024 with all consequential proceedings qua the petitioners was quashed and set aside.

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 2580/2025

Kapil Meerchandani S/o Late Kamal Kishore Meerchandani, Aged About 35 Years, R/o House No. 1-D71, J.n.v. Colony, District Bikaner, At Present Tenant In House No. A-146, Shiv Shakti Nagar, Malviya Nagar, P.s. Malviya Nagar, Jaipur.

(At Present Confined In Central Jail Jaipur).

Saurabh Sadargani S/o Shri Rajkumar Sadargani, R/o House No. 3-Na-7, Jawahar Nagar, P.s. Jawahar Nagar, Jaipur.

----Petitioners

Versus

State Of Rajasthan, Through P.p.

Ranjan Jain S/o Rakesh Jain, R/o 1379, Diwan Shivaji Lal Ji Ka Rasta, K.p. Bazar, Jaipur.

----Respondents

For Petitioner(s) : Mr. J.K. Moolchandani, Adv. For Respondent(s) : Mr. Manvendra Singh, PP Mr. Sankalp Sogani, Adv.

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

08/05/2025

The present petition has been filed under Section 528 of BNSS against the order dated 01.04.2025 passed by Additional Sr. Civil Judge and Additional Chief Judicial Magistrate No.4, Jaipur Metropolitan-I in Criminal Case No.31644/2024 arising out of FIR No.37/2024, registered at Police Station Malviya Nagar, District Jaipur City (East) for offences under Sections 420, 406, 467, 468, 471 and 120-B of IPC, on the basis of compromise effectuated between the petitioners and the complainant. It is contended that

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(2 of 3)

the charge-sheet against the petitioner has been submitted under Sections 420, 406 and 120-B of IPC and thereafter on 01.04.2025, the petitioners and the complainant appeared before the concerned Court and moved an application for permitting them to compromise and the Court below partly allowed the application and acquitted the petitioners under Sections 420 and 406 of IPC and rejected the application for compromise under Section 120-B of IPC as the said offence is not compoundable. It is further contended that the petitioners may be acquitted under Section 120-B of IPC on the ground of compromise entered between the parties.

Learned counsel for the parties have submitted that the dispute at hand is inter-se private in nature, which has been resolved by the parties amicably.

Heard and considered.

At the outset, this Court deems it appropriate to place reliance upon the judgment passed by the Hon’ble Apex Court in Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] and Ramgopal Vs. The State of Madhya Pradesh reported in [2022 (14) SCC 531], relevant portion of which is reproduced below:

“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.”

In view of the position of law laid down by the Hon’ble Apex

Court in aforementioned case, and considering the personal nature

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of dispute, which has been amicably settled between parties, this Court deems it just and proper to allow the present petition.

Considering the aforementioned, the present criminal miscellaneous petition is allowed and the petitioners are acquitted under Section 120-B of IPC on the ground of compromise entered between the parties and the FIR No.37/2024 registered at Police Station Malviya Nagar, District Jaipur City (East), with all consequential proceedings qua the petitioners, are hereby quashed and set aside.

Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of.

(PRAVEER BHATNAGAR),J

Ashwani Kr Srivastava /-41