Suresh Sharma S/O Late Shri Gopi Ram Sharma, Vs State… — Cheating and Forgery | Rajasthan HC (2026)

Suresh Sharma S/O Late Shri Gopi Ram Sharma, Vs State… — Cheating and Forgery | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Criminal proceedings pending against the petitioner before learned Additional Senior Civil Judge & Chief Judicial Magistrate No.10, Jaipur Metropolitan-I in Criminal Case No.250/2015 for offences under Sections 467, 468 & 471 of IPC arising out of FIR No.486/2011 registered at Police Station JDA, District Jaipur are quashed and set aside; consequence to follow. Stay application and pending applications disposed of.

Issue for consideration

Whether criminal proceedings pending against the petitioner for offences under Sections 467, 468 & 471 of IPC (which are not compoundable) may be quashed on the basis of the compromise arrived at between the parties.

Court's answer

Finding the present case wholly covered by the principle of law laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab & Anr. (2012 Cr.L.J. (SC) 4934) and in State of Haryana & Ors. v. Choudhary Bhajan Lal & Ors. (AIR 1992 SC 604), and considering that the petitioner and complainant had compromised and settled their dispute, the court held that the criminal proceedings pending before the trial Court against the petitioner were liable to be quashed in view of the compromise arrived at between the parties.

Ratio / Principle

The court held that the criminal proceedings could be quashed on the basis of the compromise although the offences punishable under Sections 467, 468 & 471 of IPC alleged to be made out in the instant case are not compoundable.

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), S.B. Criminal Miscellaneous (Petition) No. 1156/2026, decided 17/03/2026 by Anil Kumar Upman, J. — Petition under Section 528 of BNSS by Suresh Sharma to quash criminal proceedings pending before Additional Senior Civil Judge & CJM No.10, Jaipur Metropolitan-I in Criminal Case No.250/2015 (arising out of FIR No.486/2011, Police Station JDA, District Jaipur) for offences under Sections 420, 467, 468 & 471 of IPC on the basis of compromise with complainant Bhagchand Jain; the trial Court had already attested the compromise only to the extent of Section 420 IPC vide order dated 29.07.2024. Relying on Gian Singh v. State of Punjab (2012 Cr.L.J. (SC) 4934) and State of Haryana v. Choudhary Bhajan Lal (AIR 1992 SC 604), the Court held the proceedings liable to be quashed in view of the compromise although the offences under Sections 467, 468 & 471 IPC are not compoundable. Petition allowed; proceedings under Sections 467, 468 & 471 IPC quashed and set aside; consequence to follow; stay and pending applications disposed of.

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 1156/2026

Suresh Sharma S/o Late Shri Gopi Ram Sharma, Aged About 48 Years, R/o Plot No. 432, Pratap Nagar Vistar Police Station Murlipura District Jaipur Rajasthan

----Petitioner

Versus

State Of Rajasthan, Through Public Prosecutor.

Shri Bhagchand Jain S/o Ratan Lal, Aged About 70 Years, R/o Hamalan Ka Mohallah Gola Bajar Sambhar Lake District Jaipur Rajasthan

----Respondents

For Petitioner(s) : Mr. R.B. Sharma Ganthola For Respondent(s) : Mr. M.S. Shekhawat, PP

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order

17/03/2026

The instant Criminal Misc. Petition under Section 528 of BNSS has been filed by the petitioner for quashing of criminal proceedings pending before learned Additional Senior Civil Judge & Chief Judicial Magistrate No.10, Jaipur Metropolitan-I in Criminal Case No.250/2015 for offences under Sections 420, 467, 468 & 471 of IPC arising out of FIR No.486/2011 registered at Police Station JDA, District Jaipur, on the basis of compromise.

After registration of the aforesaid FIR, the police conducted investigation in the matter and submitted charge-sheet before the concerned Court.

Learned counsel for the petitioner submits that parties have entered into a compromise. It is submitted that copy of

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[CRLMP-1156/2026]

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compromise deed has been produced before the trial Court but the trial Court has attested the compromise only to the extent of offence under Section 420 of IPC vide order dated 29.07.2024, therefore, it is prayed that the criminal proceedings pending against the petitioner for offences under Sections 467, 468 & 471 of IPC may be quashed on the basis of compromise arrived at between the parties.

Learned State counsel does not dispute the factum of compromise. 5. In view of the aforesaid and considering the submissions made on behalf of the respective parties; the material made available for my perusal; considering the fact that petitioners and complainant have arrived at compromise and settled their dispute and also finding that the present case is wholly covered by the principle of law laid down by Hon'ble Supreme Court in the case of Gian Singh versus State of Punjab & Anr. reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. versus Choudhary Bhajan Lal & Ors. reported in AIR 1992 SC 604 , the criminal proceedings pending before the trial Court against the petitioner is liable to be quashed in view of compromise arrived at between the parties although the offences punishable under Sections 467, 468 & 471 of IPC alleged to be made out in the instant case are not compoundable.

In view of the above, this Criminal Misc. Petition is allowed. The criminal proceedings pending against the petitioner before learned Additional Senior Civil Judge & Chief Judicial Magistrate No.10, Jaipur Metropolitan-I in Criminal Case No.250/2015 for

[CRLMP-1156/2026]

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offences under Sections 467, 468 & 471 of IPC arising out of FIR No.486/2011 registered at Police Station JDA, District Jaipur are hereby quashed and set aside. Consequence to follow.

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

(ANIL KUMAR UPMAN),J

CHARU SONI /140