LOKENDRA SINGH JODHA SON OF SHRI RAM SINGH JODHA v. STATE OF RAJASTHAN
CRLMP/396/2025 · 2025-01-21
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3678 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3678 (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. 396/2025 Lokendra Singh Jodha Son of Shri Ram Singh Jodha, aged about 30 Years, Resident of House No. 186, Vrindavan Colony, Jhotwara, Jaipur (Rajasthan). ----Petitioner Versus
1. State of Rajasthan, Through its Public Prosecutor.
2. Smt. Kanchan Kanwar Wife of Shri Lokendra Singh Jodha And D/o Shri Bhanwar Singh, aged about 28 Years, Resident of Plot No. 8, Bheem Nagar, Niwaru Road, Jhotwara, Jaipur ( Rajasthan). ----Respondents For Petitioner(s) : Mr. Saransh Saini For Respondent(s) : Mr. Vivek Choudhary-PP Mr. Pushpendra Kumar Pandey JUSTICE ANOOP KUMAR DHAND
Order 21/01/2025
1. The present misc. petition has been filed under Section 528 BNSS for quashing of Criminal Case No. 58/2021 pending before the Court of Additional Senior Civil Judge and Judicial Magistrate No. 2, Jaipur Metropolitan-II in FIR No. 291/2020 registered with Police Station Jotwara, District Jaipur (West) for the offences under Sections 498-A, 323, 354(a), 376, 120-B of IPC.
2.
Learned counsel for the parties have settled their dispute by entering into a compromise and it is borne out from the compromise that the complainant is not inclined to proceed further in this matter. Counsels further submitted that the trial Court has verified the compromise to the extent of offence under Section
(2 of 3) [CRLMP-396/2025] 406 IPC vide order dated 20.12.2024 and discharged the petitioner from the above charge, however, the Trial Court has declined to verify the compromise as regards to the offence under Sections 498-A IPC on the ground that said offences are non- compoundable. Learned counsel submit that the entire proceedings arising out of the above criminal case be quashed in light of the judgments passed by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab and Anr. reported in 2012 (10) SCC 303 and The State of Madhya Pradesh vs. Laxmi Narayan and Ors. reported in 2019 (5) SCC 688.
3. The complainant/respondent No. 2 is present in person and she has been duly identified by her counsel. She verifies the factum of compromise and now she has no objection in case the petitioner is discharged from the charge under Section 498-A IPC.
4. In view of the aforesaid compromise, arrived at between the parties as well as the order dated 20.12.2024, passed by the Trial Court 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 appropriate to invoke the inherent powers of this Court under Section 528 B.N.S.S.
5. Accordingly, the instant criminal misc. petition stands allowed. The proceedings pending in Criminal Case No. 58/2021 pending before the Court of Additional Senior Civil Judge and Judicial Magistrate No. 2, Jaipur Metropolitan-II in FIR No. 291/2020 registered with Police Station Jothwara, District Jaipur (West) stands quashed and set-aside. The petitioner is discharged from the charge under Section 498-A IPC.
(3 of 3) [CRLMP-396/2025]
6. Stay application as well as all pending applications, if any, stand disposed of.
(ANOOP KUMAR DHAND),J Ashu/40