Allowed

Opendra Bijaraniya Son of Trilokchand v. the State of Rajasthan

Rajasthan HC1 Sept 2025CRLMP/4935/2025

Case brief

AI extract

What is this about?

Petition sought quashing of an FIR for cheating and money circulation offences on the basis of a compromise with complainant and victims. After verification by the Investigating Officer, the court applied Supreme Court precedent permitting quashing of settled disputes and quashed the FIR qua petitioner.

What did the court decide?

FIR No.62/2023 PS Udhyog Nagar and all consequential proceedings quashed qua petitioner; stay and pending applications disposed of.

Opendra Bijaraniya Son of Trilokchand Vs the State of… — Quashing and FIR | Rajasthan HC (2025)

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[2025:RJ-JP:35128]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 4935/2025

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Opendra Bijaraniya Son of Trilokchand, Resident of Village Panlava, Police Station Balaran, Tehsil Laxmangarh, District Sikar, Rajasthan (Presently In Sikar Jail).

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----Petitioner

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Versus

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The State of Rajasthan, Represented Through Public Prosecutor.

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Vidhyadhar Sihag S/o Shri Ramkumar, Resident of Posani Balara,sikar, Rajasthan.

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Sunit Gadwal S/o Shri Kajod Singh, R/o Laxman Ka Baas, Sikar.

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----Respondents

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For Petitioner(s)	: Mr. Ashvin Garg
For Respondent(s)	: Mr. Vivek Choudhary, PP
	Mr. Mohit Goyal

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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01/09/2025

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A prayer has been made to quash the FIR No.62/2023 registered at Police Station Udhyog Nagar, District Sikar for offences under Sections 420, 406 & 120-B IPC and Sections 4, 5 and 6 of the Price Chits and Money Circulation (Banning) Act, 1978 qua petitioner on the basis of compromise arrived at between the affected parties.

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The allegations in the FIR is in respect of receiving amount by petitioner and other accused persons in the name of investment in the real estate and then to grab that amount, however, it has been submitted that during course of

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investigation, the complainant so also victim have entered into compromise with the petitioner.

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It has jointly been submitted that the dispute between the parties is private and personal in nature which has been mutually settled in terms of compromise, therefore, the impugned FIR may be quashed qua petitioner in terms of the compromise arrived at between the parties.

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This Court vide order dated 12.08.2025 directed the Investigating Officer to verify the factum of compromise entered into between the parties. Learned Public Prosecutor placed on record the factual report dated 21.08.2025 wherein the Investigating Officer has verified the settlement arrived at between the parties. The copy of report dated 21.08.2025 is taken on record.

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It has, inter alia , been stated that on behalf of victims, statements of Vidhyadhar Sihag and Sunit Gadwal, were recorded with whom the accused petitioner has entered into compromise. The copy of compromise has also been placed on record, which has been verified by the Investigating Officer.

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The Hon’ble Supreme Court in case of Gian Singh Vs. State

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of Punjab[(2012) 10 SCC 303] observed as follows:

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“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

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such exercise of power although the ultimate consequence may be acquittal or dismissal of indictment.

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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, rape, dacoity, etc; or other 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 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.”

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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].

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The Hon’ble Supreme Court in another case of Ramgopal

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Vs. The State of Madhya Pradesh [(2022) 14 SCC 531]

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observed as follows:

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“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

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quash such proceedings in exercise of its inherent powers under Section 482 Cr.P.C., even if the offences are noncompoundable.”

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In view of legal proposition of law laid down by the Apex Court in aforesaid cases, this Court finds that the inter se dispute has been amicably settled down by the parties, therefore, it is insignificant to continue prosecution against the petitioner, hence, this Court deems it just and proper to allow present misc. petition to the extent of petitioner.

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As a final result, present criminal miscellaneous petition is allowed and FIR No.62/2023 registered at Police Station Udhyog Nagar, District Sikar with all consequential proceedings, is hereby quashed qua petitioner.

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Stay application and pending application(s), if any, stand disposed of.

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(SUDESH BANSAL),J

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NITIN /155

Opendra Bijaraniya Son of Trilokchand v. the State of Rajasthan

Case brief

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Opendra Bijaraniya Son of Trilokchand v. the State of Rajasthan

Case brief

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