Bharat Singh Rathore S/O Jagdish Singh Vs State of… — Cheating and Forgery | Rajasthan HC (2025)

Bharat Singh Rathore S/O Jagdish Singh Vs State of… — Cheating and Forgery | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Proceedings arising out of FIR No.94/2008 registered at Police Station Murlipura Thana, Jaipur, pending against the petitioner before the Court below, quashed; petitioner discharged from charges under Sections 468, 471 & 120-B IPC; stay application and all pending applications disposed of.

Issue for consideration

Whether the proceedings arising out of FIR No.94/2008 (Police Station Murlipura Thana, Jaipur) for offences under Sections 420, 468, 471 & 120-B IPC can be quashed under Section 528 BNSS on the basis of the compromise arrived at between the parties. +1 more

Court's answer

In view of the compromise arrived at between the parties, the situations narrated, the Trial Court order dated 29.04.2025, and applying the principles laid down by the Hon'ble Apex Court in Gian Singh (supra) and Laxmi Narayan (supra), the Court deems it just and proper to invoke the inherent powers contained under Section 528 BNSS.

Ratio / Principle

The instant criminal miscellaneous petition stands allowed and the proceedings arising out of FIR No.94/2008 registered at Police Station Murlipura Thana, Jaipur, pending against the petitioner before the Court below, are hereby quashed.

Key takeaways

The petitioner is discharged from the charges under Sections 468, 471 & 120-B IPC.ratio¶24
The stay application as well as all pending applications, if any, stand disposed of.ratio¶25

Detailed headnote1 paragraphs

Criminal Miscellaneous Petition under Section 528 BNSS allowed. Proceedings arising out of FIR No.94/2008 registered at Police Station Murlipura Thana, Jaipur, for offences under Sections 420, 468, 471 & 120-B IPC, quashed on the basis of the compromise arrived at between the parties. Charge-sheet had been filed and trial was pending; the complainant's compounding application was partly allowed by the Trial Court (order dated 29.04.2025) — offence under Section 420 IPC compounded, but no permission granted for Sections 468, 471 & 120-B IPC as not compoundable. Considering the compromise, the Trial Court order, and applying the principles laid down in Gian Singh v. State of Punjab, 2012 (10) SCC 303 and State of Madhya Pradesh v. Laxmi Narayan, 2019 (5) SCC 688, the High Court invoked its inherent powers under Section 528 BNSS, quashed the proceedings and discharged the petitioner from the charges under Sections 468, 471 & 120-B IPC. Stay application and pending applications disposed of. (Anoop Kumar Dhand, J.; decided 14/11/2025.)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No.4053/2025

Bharat Singh Rathore S/o Jagdish Singh, Aged About 57 Years, Resident Of Plot No. 19, B, Chand Bihari Nagar, Khatipura, Police Station Vaishali Nagar, Jaipur City.

----Petitioner

Versus

State Of Rajasthan, Through Public Prosecutor. 2. Shri Parvati Devi W/o Prakash Chand Kedia, R/o 170, Rameshwar Dham Murlipura, Jaipur, Rajasthan

Rakesh Kedia S/o Prakash Chand Kedia, R/o 170, Rameshwar Dham Murlipura, Jaipur, Rajasthan

----Respondents

For Petitioner(s)	: Mr. Yuvraj Singh Kachhawa
	Mr. Sahil Rajpurohit for
	Mr. Deepak Chauhan
For Respondent(s)	: Mr. Amit Kumar Gupta, PP
	Mr. Mohit Khandelwal

JUSTICE ANOOP KUMAR DHAND

Order

14/11/2025

The present criminal misc. petition has been filed under Section 528 BNSS for quashing the proceedings arising out of the FIR No.94/2008 registered at Police Station Murlipura Thana, Jaipur for offences under Sections 420, 468, 471 & 120-B IPC, on the basis of the compromise arrived at between the parties.

Learned counsel for the petitioner submits that upon submission of the charge-sheet against the petitioner, he is facing trial for the offences under Sections 420, 468, 471 & 120-B IPC. Learned counsel submits that during pendency of the trial, an application was submitted by the complainant-respondent for

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compounding the aforesaid offences. Learned counsel submits that the aforesaid application has been partly allowed and the offence punishable under Section 420 IPC has been compounded, but no permission has been granted to compound the offences under Sections 468, 471 & 120-B IPC, as the same are not compoundable. Learned counsel submits that in light of the judgments passed by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab reported in 2012 (10) SCC 303 and The State of Madhya Pradesh vs. Laxmi Narayan reported in 2019 (5) SCC 688 , the proceedings arising out of the impugned FIR be quashed against the petitioner on the basis of the compromise arrived at between the parties.

Per contra , learned Public Prosecutor opposes the prayer, but counsel appearing on behalf of the complainants supported the arguments of counsel for the petitioner and does not dispute the factum of compromise between the parties and submits that the complainants have no objection in case, the proceedings arising out of the impugned FIR are quashed against the petitioner. 4. In view of the aforesaid compromise and the situations narrated herein above and looking to the fact that the compromise has been arrived at between the parties as well as considering the order dated 29.04.2025 passed by the Trial Court and also applying the principles laid down by the Hon’ble Apex Court in the case of Gian Singh (supra) and Laxmi Narayan (supra), this Court deems it just and proper to invoke the inherent powers of this Court contained under Section 528 BNSS. 5. Accordingly, the instant criminal misc. petition stands allowed. The proceedings arising out of the impugned FIR No.

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94/2008 registered at Police Station Murlipura Thana, Jaipur pending against the petitioner before the Court below are hereby quashed. The petitioner is discharged from the charges under Sections 468, 471 & 120-B IPC.

Stay application as well as all pending applications, if any, stand disposed of.

(ANOOP KUMAR DHAND),J

Karan/214