GAURAV KUMAR S/O SHRI KANHAIYALAL v. STATE OF RAJASTHAN
CRLMP/1275/2019 · 2026-04-01
Anoop Kumar Dhand
body2019
DailyLaw.ai
[ 2019 DAILYLAW 3189 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2019 DAILYLAW 3189 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1275/2019
1. Gaurav Kumar S/o Shri Kanhaiyalal, Residents of S-1, Kabir Colony, Police Station Kotwali, District Alwar, Rajasthan. 2. Smt. Chameli Devi Wife of Shri Kanhaiyalal, Residents of S-1, Kabir Colony, Police Station Kotwali, District Alwar, Rajasthan. 3. Surendra S/o Shri Kanhaiyalal, Residents of S-1, Kabir Colony, Police Station Kotwali, District Alwar, Rajasthan
4. Kanhaiyalal S/o Shriram, Residents of S-1, Kabir Colony, Police Station Kotwali, District Alwar, Rajasthan. 5. Smt. Poonam Daughter Of Shri Kanhaiyalal, Residents Of S-1, Kabir Colony, Police Station Kotwali, District Alwar, Rajasthan. 6. Smt. Meena Daughter of Shri Kanhaiyalal, Residents of S- 1, Kabir Colony, Police Station Kotwali, District Alwar, Rajasthan. 7. Smt. Manju Daughter of Shri Kanhaiyalal, Residents of S- 1, Kabir Colony, Police Station Kotwali, District Alwar, Rajasthan. 8. Raju S/o Shri Sukhram, Residents of S-1, Kabir Colony, Police Station Kotwali, District Alwar, Rajasthan. 9. Subhash S/o Shri Devisahai, Residing At Bholanath Ki Bageechi, Police Station Kotwali Alwar, District Alwar, Rajasthan. 10. Devi Sahai S/o Shri Kushalaram, Residing At Bholanath Ki Bageechi, Police Station Kotwali Alwar, District Alwar, Rajasthan. ----Petitioners Versus
1. State Of Rajasthan, Through PP. 2. Anjali Koli Wife of Shri Girdharilal Koli, R/o Aagar, Tehsil Dhanagaji, Pratapgarh, District Alwar, Rajasthan. ----Respondents For Petitioner(s) : Mr. Mahendra Kumar Naharwal
(2 of 3) [CRLMP-1275/2019] For Respondent(s) : Mr. Jitendra Singh Rathore-PP Mr. Deshraj Sain JUSTICE ANOOP KUMAR DHAND Order 01/04/2026
1. Counsel for the parties are in agreement that after registration of impugned FIR No. 0017/2019 on 29.01.2019 with Police Station Pratapgarh, Alwar for the offences punishable under Sections 498-A, 406, 376, 354 and 506 IPC, an application under Section 13-B of the Hindu Marriage Act, 1955 was submitted on 16.02.2019 before the Family Court Alwar for dissolution of their marriage on the basis of mutual consent. Counsel submits that the aforesaid application has been allowed and the marriage of the parties have been dissolved by the Family Court, Alwar by passing a decree in this regard. 2. Counsel for the complainant submits that after dissolution of their marriage, the parties have settled their dispute and now the complainant does not want to prosecute the petitioners. 3. The complainant has put in appearance in person before this Court and she has been duly identified by her counsel.
She admits the factum of compromise arrived at between the parties and she submits that she has no objection in case, the proceedings arising out of the impugned FIR is quashed. 4. Considering the overall facts and circumstances of the case and looking to the fact that the parties have settled their dispute and their marriage has been dissolved on the basis of mutual consent by the Family Court, Alwar and looking to the dispute that
(3 of 3) [CRLMP-1275/2019] is in personal nature and also applying the principles of law as laid down by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303 & State of Madhya Pradesh Vs. Laxmi Narayan & Ors., reported in (2019) 5 SCC 688, this Court deems it just and appropriate to invoke the inherent powers of this Court under Section 528 BNSS. 5. Accordingly, the instant criminal misc. petition is allowed. The criminal proceedings arising out of impugned FIR No.0017/2019, registered with Police Station Pratapgarh, District Alwar stands quashed and set-aside. 6. Stay application and all pending application(s), if any, also stands disposed of. (ANOOP KUMAR DHAND),J Ashu/1