[2025:RJ-JP:13476] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1632/2025 1. Chhitarmal Khinchi Son Of Shri Ramnarayan, Resident Of Khatikon Ka Mohalla, Ward No. 12, Jobner, Jaipur. 2. Mali Devi Wife Of Shri Chhitarmal Khinchi, Resident Of Khatikon Ka Mohalla, Ward No. 12, Jobner, Jaipur. 3. Ramesh Son Of Shri Chhitarmal Khinchi, Resident Of Khatikon Ka Mohalla, Ward No. 12, Jobner, Jaipur. 4. Tikam Chand Son Of Shri Chhitarmal Khinchi, Resident Of Khatikon Ka Mohalla, Ward No. 12, Jobner, Jaipur. ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Pukhraj Son Of Late Shri Chhotelal Chawla, Resident Of 67, Krishna Vihar, Gopalpura Byepass Road, Jaipur- 302015 (Raj). ----Respondents For Petitioner(s) : Ms. Sunita Sharma For Respondent(s) : Mr. Jaiprakash Tiwari, P.P. Mr. Sunil Kumar Jain HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 25/03/2025 1. The instant misc. petition has been filed by the petitioners under Section 528 B.N.S.S. for quashing of criminal proceedings of Criminal Case No. 219/2024, titled as Pukhraj v. Chhitarmal & Ors. pending before the Court of learned Judicial Magistrate, No.12, Jaipur Metropolitan-I, Jaipur, for the offence(s) punishable under Section 406 I.P.C. and under Section 3/4 of the Dowry Prohibition Act. 2. It is submitted by learned counsel for the petitioners that the dispute in between the parties has been resolved through an amicable settlement and now, there remains no controversy in [2025:RJ-JP:13476] (2 of 3) [CRLMP-1632/2025] between them and the parties do not wish to continue the criminal proceedings further. Learned counsel further submits that the parties moved a compromise application before the learned Trial Court for attesting the compromise for the offence(s) under Section 406 I.P.C. and under Section 3/4 of the Dowry Prohibition Act. Learned Trial Court, vide its order dated 03.03.2025, had attested the compromise & acquitted the petitioners for the offence punishable under Section 406 I.P.C. but kept pending the trial for offence under Section 3/4 of the Dowry Prohibition Act, as the same is non-compoundable. 3. On the other hand, learned counsel appearing for complainant-respondent No.2 admits the factum of compromise and submits that the complainant-respondent No.2 has no objection if the criminal proceedings are quashed on the basis of compromise entered in between the parties. 4. Learned Public Prosecutor has opposed the submissions made herein-above. 5. Heard learned counsel for the parties and perused the material available on record more particularly the nature of allegation(s) and the compromise deed executed in between the parties. 6. The parties have resolved their dispute amicably and do not wish to continue the criminal proceedings and have jointly prayed for quashing of the same. 7. The Hon’ble Supreme Court in the case of Gian Singh Vs. State of Punjab [(2012) 10 SCC 303], has propounded that if it is convinced that offences are entirely personal in nature and do [2025:RJ-JP:13476] (3 of 3) [CRLMP-1632/2025] not affect the public peace or tranquility and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, the High Court should not hesitate to quash the same by exercising the inherent powers vested in it. 8. Here in this case, though the said offence is non- compoundable, but the parties have settled the dispute amicably and that is essentially in between the parties which is not affecting public peace and tranquility, therefore, with a view to maintain the harmony and to resolve the dispute finally in between the parties, it is deemed appropriate to quash the entire criminal proceedings undertaken in pursuance of the complaint filed by the complainant under Section 190 Cr.P.C. before the learned Trial Court against the petitioners. 9. Accordingly, the present criminal misc. Petition is allowed and the entire criminal proceedings pending in the Court of learned Judicial Magistrate, No.12, Jaipur Metropolitan-I, Jaipur, in Criminal Case No. 219/2024, are hereby quashed & set aside. 10. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAHIL SONI /27