Ahmad Khan Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2025)

Ahmad Khan Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Quashing and setting aside of the criminal proceedings pending before the Civil Judge & Judicial Magistrate No.3, Bikaner in Criminal Case No.65/2015; the stay application also stood disposed of.

Issue for consideration

Whether the criminal proceedings pending before the learned Civil Judge & Judicial Magistrate No.3, Bikaner in Criminal Case No.65/2015 (offences punishable under Sections 498-A, 406 & 323 IPC) could be quashed under Section 482 Cr.P.C. on the ground that the parties have entered into compromise and amicably settled their dispute. +1 more

Court's answer

In order to establish harmony between the petitioner and the complainant (husband and wife) and give quietus to the litigation, this Court felt it expedient that the impugned proceedings be quashed.

Ratio / Principle

The present case is wholly covered by the principle of law laid down by the Supreme Court in Gian Singh Vs. State of Punjab & Anr (2012 Cr.L.J. (SC) 4934) and in State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. (AIR 1992 SC 604), and the criminal proceedings are liable to be quashed.

Key takeaways

The criminal proceedings are liable to be quashed in light of the compromise arrived at between the parties although the offence under Section 498-A of IPC is not compoundable.ratio¶22
The criminal misc. petition is allowed and the criminal proceedings pending before the Civil Judge & Judicial Magistrate No.3, Bikaner in Criminal Case No.65/2015 are quashed and set aside.ratio¶23

Detailed headnote1 paragraphs

Rajasthan High Court (Jodhpur), Single Bench (Justice Dinesh Mehta), order dated 28/07/2022 in S.B. Criminal Misc(Pet.) No. 4630/2022: the accused-husband Ahmad Khan petitioned under Section 482 Cr.P.C. for quashing of criminal proceedings in Criminal Case No.65/2015 before the Civil Judge & Judicial Magistrate No.3, Bikaner, instituted on an FIR by his wife-complainant Smt Mahphool (respondent No.2) charging him under Sections 498-A, 406 & 323 IPC. During trial both parties applied under Section 320 Cr.P.C. to compound the offences; the trial Court, per viam order dated 03.06.2022, permitted compounding of the Sections 406 & 323 IPC offences but refused the Section 498-A IPC offence as non-compoundable. With the spouses having buried the hatchet, amicably settled their dispute and decided to live together, the High Court held the case wholly covered by the principles laid down in Gian Singh Vs. State of Punjab & Anr (2012 Cr.L.J. (SC) 4934) and State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. (AIR 1992 SC 604), and held the proceedings liable to be quashed in light of the compromise although the Section 498-A IPC offence is not compoundable, so as to restore marital harmony and give quietus to the litigation. Petition allowed; proceedings quashed and set aside; stay application disposed of.

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc(Pet.) No. 4630/2022

Ahmad Khan S/o Shri Sattar Khan, Aged About 35 Years, R/o Bandro Ka Bass Gujaro Ka Kabristan Ke Samne Bikaner Dist. Bikaner Raj.

----Petitioner

Versus

State Of Rajasthan, Through Pp

Smt Mahphool W/o Sh. Ahmad Khan D/o Roshan Ali, R/o Petrol Pump Ke Piche Gujro Ka Chota Mohla Bikaner Dist. Bikaner Raj.

----Respondents

For Petitioner(s)	: Mr. Kaushal Gautam
For Respondent(s)	: Mr. Mohd. Javed Gauri,P. P.

JUSTICE DINESH MEHTA

Order

28/07/2022

By way of this criminal misc. petition under Section 482 Cr.P.C., the accused-petitioner has approached this Court with a prayer to quash the proceedings pending before the learned Civil Judge & Judicial Magistrate No.3, Bikaner in Criminal Case No.65/2015 for the offences punishable under Sections 498-A, 406 & 323 of IPC mainly on the ground that the parties have entered into compromise and amicably settled their dispute and now no dispute remains between them.

The brief facts are that on the First Information Report lodged by the complainant-respondent No.2, after investigation charge-sheet for the aforesaid offences was filed against the

(2 of 3)

[CRLMP-4630/2022]

accused-petitioners and on that basis aforesaid criminal proceedings in Case No.65/2015 were initiated.

During the trial, both the parties filed an application under Section 320 of Cr.P.C. to permit compounding of the aforesaid offences.

The trial Court partly allowed the application and permitted to compound the offences under Sections 406 & 323 of IPC per viam order dated 03.06.2022 but the prayer in respect of offence under Section 498-A of IPC was refused, as the same is not compoundable.

In these circumstances, the petitioner has approached this Court by way of this petition to quash the aforesaid criminal proceedings pending before the trial Court on the ground that the parties have resolved their dispute. 6. On consideration of submissions made on behalf of the respective parties; the material made available for my perusal and considering that the petitioner and complainant (husband and wife) have buried the hatchet and decided to live together; this Court feels that in order to establish harmony between the petitioner and the complainant and give quietus to the litigation, it would be expedient that the impugned proceedings are quashed. 7. The present case is wholly covered by the principle of law laid down by the Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr-reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [ AIR 1992 SC 604 ] , and the criminal proceedings are liable to be quashed in light of the

(3 of 3) [CRLMP-4630/2022]

compromise arrived at between the parties although the offence under Section 498-A of IPC is not compoundable.

This criminal misc. petition is, therefore, allowed and the criminal proceedings pending before the Civil Judge & Judicial Magistrate No.3, Bikaner in Criminal Case No.65/2015 are quashed and set aside. Consequence to follow.

The stay application also stands disposed of.

(DINESH MEHTA),J

269-A.Arora/-