Kishanlal Sonawa S/O Shri Ramlal Sonawa, v. State of Rajasthan

Rajasthan HC13 Nov 2025CRLMP/7265/2025

Case brief

AI extract

What is this about?

CRLMP 7265/2025 Rajasthan High Court Jaipur Anoop Kumar Dhand 13/11/2025 Section 528 BNSS inherent powers quashing FIR compromise compounding non-compoundable offences Sections 420 467 468 471 120B IPC Gian Singh 2012 (10) SCC 303 State of Madhya Pradesh Laxmi Narayan 2019 (5) SCC 688 Kishanlal Sonawa Mahesh Chand Sharma FIR No.33/2022 Police Station Karni Vihar Jaipur West charge-sheet discharge of charges Trial Court order 15.09.2025

What did the court decide?

Proceedings arising out of FIR No.33/2022 registered at Police Station Karni Vihar, District Jaipur (West) against the petitioner quashed; petitioner discharged from charges under Sections 467, 468, 471 and 120B IPC; all pending applications disposed of. ¶¶20

Kishanlal Sonawa S/O Shri Ramlal Sonawa, Vs State of… — Cheating and Forgery | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings arising out of FIR No.33/2022 registered at Police Station Karni Vihar, District Jaipur (West), in which the petitioner faces trial under Sections 420, 467, 468 & 471 IPC, should be quashed under Section 528 BNSS on the basis of the compromise arrived at between the parties, applying the principles laid down in Gian Singh v. State of Punjab and State of M.P. v. Laxmi Narayan, even though the offences under Sections 467, 468 and 471 IPC are not compoundable.

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Court's answer

In view of the compromise arrived at between the parties, the situations narrated, the order dated 15.09.2025 passed by the Trial Court, and applying the principles laid down by the Hon'ble Apex Court in 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.

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Ratio / Principle

The instant criminal misc. petition stands allowed, and the proceedings arising out of the impugned FIR No.33/2022 registered at Police Station Karni Vihar, District Jaipur (West) against the petitioner are quashed.

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Key takeaways

The petitioner is discharged from the charges under Sections 467, 468, 471 and 120B IPC.ratio¶¶23-¶24

Detailed headnote1 paragraphs

Rajasthan High Court, Jaipur Bench (Anoop Kumar Dhand, J.), S.B. Criminal Miscellaneous (Petition) No.7265/2025, order dated 13/11/2025: Petition under Section 528 BNSS to quash the proceedings arising out of FIR No.33/2022 (Police Station Karni Vihar, Jaipur West), in which the petitioner faced trial under Sections 420, 467, 468 & 471 IPC after submission of charge-sheet. By order dated 15.09.2025 the Trial Court had permitted compounding only of the Section 420 IPC offence and refused compounding of Sections 467, 468 and 471 IPC as non-compoundable. On the strength of the compromise between the parties, with the complainant raising no objection, and applying the principles of Gian Singh v. State of Punjab, 2012 (10) SCC 303 and State of Madhya Pradesh v. Laxmi Narayan, 2019 (5) SCC 688, the Court invoked its inherent powers under Section 528 BNSS, allowed the petition, quashed the proceedings arising out of the FIR, and discharged the petitioner from the charges under Sections 467, 468, 471 and 120B IPC. All pending applications stood disposed of.

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No.7265/2025

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Kishanlal Sonawa S/o Shri Ramlal Sonawa, Aged About 66 Years, R/o Plot No. C 65 Vidhyadhar Nagar Currently R/o Plot No. 443 Tirupati Vihar, Kardhani, Jaipur, (West).

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p

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Mahesh Chand Sharma S/o Late Shri Sukhanand Sharma, Aged About 71 Years, R/o Plot No. D 253A, Devi Marg, Bani Park, Jaipur.

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----Respondents

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For Petitioner(s)	: Mr.	Nirmal Kumar Sharma
For Respondent(s)	: Mr.	Vivek Choudhary, PP
	Mr.	AnuragSharma

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JUSTICE ANOOP KUMAR DHAND

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Order

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13/11/2025

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The present criminal misc. petition has been filed under Section 528 BNSS for quashing the proceedings arising out of the FIR No.33/2022 registered at Police Station Karni Vihar, District Jaipur (West), on the basis of the compromise arrived at between the parties.

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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, 467, 468 & 471 IPC. Learned counsel submits that during pendency of the trial, an application was submitted by the complainant-respondent for compounding the aforesaid offences. Learned counsel submits that the aforesaid application has been partly allowed and the offence

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[CRLMP-7265/2025]

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(2 of 3)

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punishable under Section 420 IPC has been compounded, but no permission has been granted to compound the offences under Sections 467, 468 and 471 IPC, as the same are not compoundable. Learned counsel submits that in the 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 be quashed against the petitioner on the basis of the compromise arrived at between the parties.

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Per contra , learned Public Prosecutor opposes the prayer, but counsel appearing on behalf of the complainant supported the arguments of counsel for the petitioner and does not dispute the factum of compromise between the parties and submits that the complainant has no objection in case, the proceedings are quashed against the petitioner.

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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 15.09.2025 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.

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Accordingly, the instant criminal misc. petition stands allowed. The proceedings arising out of the impugned FIR No.33/2022 registered at Police Station Karni Vihar, District Jaipur (West) against the petitioner are hereby quashed. The petitioner is

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[CRLMP-7265/2025]

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(3 of 3)

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discharged from the charges under Sections 467, 468, 471 and

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120B IPC.

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