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Patna High Court

RAJNATH JAISWAL @ RAJU JAISWAL @ RAJU JASWAL @ RAJNATH JASWALversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the FIR and the ensuing criminal proceedings are quashed as the parties have resolved their dispute through compromise, rendering the case essentially civil in nature.

Summary

The petitioner, Rajnath Jaiswal, was named in an FIR (Danapur PS Case No. 1449 of 2023) for offences under IPC sections 341, 323, 307, 504 and Arms Act section 27. He filed an application seeking quash of the FIR, relying on a compromise petition filed earlier before the Additional Chief Judicial Magistrate, which stated that the complainant could not identify the shooter due to fog and had named the petitioner only because of prior differences. The State and the second opposite party did not contest the existence of the compromise. The High Court, after considering the compromise petition and precedents such as Gian Singh v. State of Punjab, Naushey Ali v. State of Uttar Pradesh, and Narinder Singh v. State of Punjab, held that the dispute was essentially civil in nature and therefore the criminal proceedings should be dismissed. Consequently, the FIR and all related proceedings were quashed. The application was allowed.

Issues considered

  • Whether an FIR can be quashed on the basis of a compromise when the offences alleged are under IPC sections 341, 323, 307, 504 and Arms Act section 27.
  • Whether the parties' settlement renders the criminal case of a civil character justifying quashment.
  • Whether lack of identification of the actual shooter affects the continuance of the prosecution.

Legislation cited

Subjects

  • quash of FIR
  • compromise petition
  • civil character of dispute
  • criminal procedure
  • non-compoundable offences
  • IPC
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82934 of 2024
                       Arising Out of PS. Case No.-1449 Year-2023 Thana- DANAPUR District- Patna
                 ======================================================
                 RAJNATH JAISWAL @ RAJU JAISWAL @ RAJU JASWAL @ RAJNATH
                 JASWAL LATE BAIJNATH JASWAL ALIAS BAIJNATH PRASAD
                 JAISWAL Resident of Village- Gabhtal, Akhara Road, Police Station-
                 Danapur, District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Amit Kumar S/o Late Arun Kumar R/o vill - Gabhtal, Akhara road, P.S. -
                 Danapur, Distt.- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Madhmay Madhup, Advocate
                                                  Mr. Nilabh Ranjan, Advocate
                                                  Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :       Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

5   09-02-2026                   Heard learned counsel for the petitioner and the

                   learned APP appearing on behalf of the State.

                                 2. The application has been filed for quashing of the

                   FIR bearing Danapur P.S. Case No. 1449 of 2023 dated

                   14.11.2023 registered for the offences under Section 341, 323,

                   307 and 504 of the Indian Penal Code and Section 27 of the

                   Arms Act pending in the court of the learned Additional Chief

                   Judicial Magistrate-I, Danapur, Patna.

                                 3. At the outset, learned counsel for the petitioner

                   submits that he has brought on record Annexure-P-3, which is a

                   compromise petition which was jointly filed by the parties
Patna High Court CR. MISC. No.82934 of 2024(5) dt.09-02-2026
                                            2/3




          before the court of the learned Additional Chief Judicial

          Magistrate-I, Danapur, Patna, wherein they have not only

          compromised but also it has specifically been stated in

          paragraph-4 thereof that the complainant could not see as to

          who had shot him as there was fog and due to earlier

          differences, the complainant has given the name of the

          petitioner.

                        4. Learned counsel for O.P. No. 2 does not dispute the

          factum of compromise entered into between the parties and has

          supported the submissions made by the learned counsel for the

          petitioner.

                        5. Having heard the learned counsel for the parties

          and taking into account Annexure-P-3, which is a compromise

          petition as also considering various judicial pronouncements, i n

          cases of Gian Singh v. State of Punjab reported in (2012) 10

          SCC 303, Naushey Ali and Ors. vs. State of Uttar Pradesh and

          Anr. reported in (2025) 4 SCC 78 and Narinder Singh and Ors.

          vs. State of Punjab and Anr reported in (2014) 6 SCC 466,

          paragraph -29.4 of the same reads as under:

                                               “29.4. On the other hand, those criminal
                                  cases having overwhelmingly and predominantly civil
                                  character, particularly those arising out of commercial
                                  transactions or arising out of matrimonial relationship
                                  or family disputes should be quashed when the parties
                                  have resolved their entire disputes among themselves.”
            Patna High Court CR. MISC. No.82934 of 2024(5) dt.09-02-2026
                                                        3/3




                                   6. In view of the above, the FIR bearing Danapur P.S.

                      Case No. 1449 of 2023 dated 14.11.2023, the entire criminal

                      proceedings therefrom is, hereby, quashed.

                                   7. The application stands allowed.



                                               (Sourendra Pandey, J)
krishna/-

U       T


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