Bharatraj Dhakad S/O Shri Gokumal Dhakad, Vs State of… — Cheating and Forgery | Rajasthan HC (2025)

Bharatraj Dhakad S/O Shri Gokumal Dhakad, Vs State of… — Cheating and Forgery | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Petitioner discharged from the charges under Sections 467, 468 and 471 IPC; proceedings arising out of FIR No.183/2023 (Police Station Jaipur Airport, Jaipur City (East)) qua the petitioner quashed; stay application and all pending applications disposed of.

Issue for consideration

Whether the criminal proceedings arising out of FIR No.183/2023 (Police Station Jaipur Airport, Jaipur City (East)), instituted under Sections 420, 406, 467, 468, 471 and 120-B IPC, should be quashed through the inherent powers under Section 528 BNSS in view of the settlement between the parties and the complainant's application for compounding, notwithstanding the Trial Court having declined permission to compound the offences under Sections 467, 468 and 471 IPC as not compoundable.

Court's answer

Considering the arguments of learned counsel for the petitioner, the fact that the dispute between the parties is personal in nature, that the complainant does not want to prosecute the petitioner, and applying the principles laid down by the Apex Court in Gian Singh (supra) and Laxmi Narayan (supra), the Court deemed it just and proper to invoke its inherent powers contained under Section 528 BNSS.

Ratio / Principle

The petitioner is discharged from the charges under Sections 467, 468 and 471 IPC, and the proceedings arising out of FIR No.183/2023 registered with Police Station Jaipur Airport, Jaipur City (East), qua the petitioner, stand quashed.

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), S.B. Criminal Miscellaneous (Petition) No. 7539/2025, decided 25/11/2025 (Anoop Kumar Dhand, J.) — Petition under Section 528 BNSS for quashing proceedings arising out of FIR No.183/2023, Police Station Jaipur Airport, Jaipur City (East), registered under Sections 420, 406, 467, 468, 471 and 120-B IPC. During trial the parties settled their dispute and the complainant sought compounding of the offence; the Trial Court permitted compounding only of the offences under Sections 420 and 406 IPC and declined permission for the offences under Sections 467, 468 and 471 IPC on the ground that they are not compoundable. Taking the dispute to be personal in nature, noting that the complainant did not want to prosecute the petitioner, and applying the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab, (2012) 10 SCC 303, and The State of Madhya Pradesh vs. Laxmi Narayan, (2019) 5 SCC 688, the Court invoked its inherent powers under Section 528 BNSS, allowed the petition, discharged the petitioner from the charges under Sections 467, 468 and 471 IPC, and quashed the proceedings arising out of the said FIR qua the petitioner; the stay application and pending applications stood disposed of.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 7539/2025

Bharatraj Dhakad S/o Shri Gokumal Dhakad, Aged About 27 Years, R/o Hagwanpur, Post Bhasu, Tehsil Todaraisingh, Tonk, Rajasthan (304 505)

----Petitioner

Versus

State Of Rajasthan, Through Public Prosecutor. 2. Sunil Sharma S/o Shri Damodar Lal Sharma, R/o 8, Janakpuri-Ii, Opposite Sanganer Airport, Sanganer, Jaipur, Rajasthan ( 302 029).

----Respondents

For Petitioner(s)	: Mr.	Mohit Balwada
For Respondent(s)	: Mr.	Vivek Choudahry, PP
	Mr.	Devi Singh,PP

JUSTICE ANOOP KUMAR DHAND

Order

25/11/2025

The instant misc. petition has been filed under Section 528 BNSS for quashing the proceedings arising out of the FIR No.183/2023 registered with Police Station Jaipur Airport, Jaipur City (East) under Sections 420, 406, 467, 468, 471 and 120-B IPC.

Counsel for the petitioner submits that during the course of trial, the parties have settled their dispute and the complainant has submitted an application seeking compounding of offence against the petitioner, but the Trial Court has granted permission to the extent of offence under Sections 420 and 406 IPC on the basis that these offences are compoundable, but permission has been declined for rest of

[CRLMP-7539/2025]

(2 of 2)

the offences under Sections 467, 468 and 471 IPC on the ground that these offences are not compoundable. Counsel submits that the dispute between the parties is personal in nature, hence the proceedings arising out of the impugned FIR be quashed.

Counsel has placed reliance upon the judgments passed by the 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 .

Considering the arguments put forward by learned counsel for the petitioner and looking to the fact that the dispute between the parties is personal in nature and that the complainant does not want to prosecute the petitioner and also applying the principles laid down by the Apex Court in the case of Gian Singh (supra) and Laxmi Narayan (supra), this Court deems it just and proper to invoke inherent powers of this Court contained under Section 528 BNSS.

Accordingly, the instant criminal misc. petition stands allowed. The petitioner is discharged from the charges under Sections 467, 468 and 471 IPC and the proceedings arising out of the FIR No.183/2023 registered with the Police Station Jaipur Airport, Jaipur City (East), qua the petitioner, stand quashed.

The stay application and all pending applications, if any, stand disposed of.

(ANOOP KUMAR DHAND),J

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