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2025 DAILYLAW 38378 (RAJ)

SHANKAR PRAJAPAT SON OF SHRI MOHAN LAL PRAJAPAT v. STATE OF RAJASTHAN

CRLMP/5864/2021 · 2025-05-30

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:22827] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5864/2021 Shankar Prajapat Son Of Shri Mohan Lal Prajapat, Aged About 25 Years, Resident Of C-37, Baba Nahar Singh Colony, Goner Road, Luniyawas, Jaipur (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Victim d/o Rambabu Sharma, aged about 26 years, R/o C-33, Janki Vihar, Heerapura Ajmer Road, Police Station Karni Vihar, Jaipur (Raj.) ----Respondents Connected With S.B. Criminal Miscellaneous (Petition) No. 4621/2021 Victim X, d/o Rambabu Sharma, aged about 26 years, R/o C-33, Janki Vihar, Heerapura Ajmer Road, Police Station Karni Vihar, Jaipur (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Director General Of Police, Rajasthan, Jaipur. 3. Commissioner Of Police, Jaipur Metropolitan, Jaipur (Raj). 4. S.h.o Police Station Karni Vihar, Jaipur West (Rajasthan). ----Respondents For Petitioner(s) : Mr. Rajesh Sharma with Ms. Kamini Pareek For Respondent(s) : Mr. Manvendra Singh, PP Ms. Mugdha Sharma HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 30/05/2025 [2025:RJ-JP:22827] (2 of 3) [CRLMP-5864/2021] S.B. Criminal Miscellaneous (Petition) No. 5864/2021 The petitioner has filed an application under Section 528 of the BNSS for quashing the FIR No. 229/2021 registered with police station Karnivihar District Jaipur (West) for the offences under Sections 376 and 384 of IPC on the basis of the compromise entered between the parties. It is contended by learned counsel for the petitioner that petitioner and prosecutrix entered into marriage and vide order dated 24.03.2025 Family Court No. 4, Jaipur Metropolitan passed the decree under Section 13-B of the Hindu Marriage Act. Though in the FIR respondent has alleged that she never entered into marital relationship with the petitioner and in the guise of assurance of service, petitioner committed rape and also extorted money from her, however later on petitioner and prosecutrix has jointly submitted an application for passing decree under Section 13-B of the Hindu Marriage Act. Family Court No. 4, Jaipur vide order dated 24.03.2025 has annulled the marriage, therefore on the grounds of compromise entered between the parties, criminal proceedings against the petitioner may be quashed. Learned counsel for the respondent No. 2 concedes that petitioner and prosecutrix have entered into compromise and decree under Section 13-B was passed on the joint application filed before the concerned Family Court and if the proceedings are quashed then the prosecutrix has no objection. Respondent No. 2 is present before the court and admitted the fact that she solemnized marriage with the petitioner and later on divorce was granted under Section 13-B of the Hindu Marriage Act, she admits her signature on the compromise dated [2025:RJ-JP:22827] (3 of 3) [CRLMP-5864/2021] 07.05.2025 she has further admitted that it bears her photographs and if on the basis of compromise, proceedings are quashed then she has no objection. Heard and perused the material available on the record. Having gone through the material available on the record, this court is satisfied that petitioner and prosecutrix i.e. respondent No. 2 have entered into compromise and prosecutrix does not want to proceed with the prosecution. Respondent No. 2 has also admitted that on the joint application filed under Section 13-B of the Hindu Marriage Act divorce was granted by the concerned Family Court, therefore considering the above facts, this court deems it proper to quash the proceedings of FIR 229/2021 registered with police station Karnivihar District Jaipur (West) and subsequent criminal proceedings arising out of said FIR against the petitioner. Accordingly, the instant SB criminal misc petition stands allowed. S.B. Criminal Miscellaneous (Petition) No. 4621/2021 Learned counsel for the petitioner submits that he does not want to press the instant criminal misc. petition. Accordingly, the instant criminal misc. petition devoid of any merits stands disposed of. (PRAVEER BHATNAGAR),J ashu /207