NIKLANK JAIN S/O SHRI GYAN CHAND JAIN v. STATE OF RAJASTHAN
CRLMP/7646/2025 · 2025-12-10
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39396 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39396 (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.7646/2025
1. Niklank Jain S/o Shri Gyan Chand Jain, Aged About 35 Years, Resident Of 39-A, Vijay Nagar, Opposite 9/865, Malviya Nagar, Jaipur, Rajasthan.
2. Gyan Chand Jain S/o Sh. Gopi Chand Jain, Resident Of 39-A, Vijay Nagar, Opposite 9/865, Malviya Nagar, Jaipur, Rajasthan.
3. Indra Jain W/o Gyan Chand Jain, Resident Of 39-A, Vijay Nagar, Opposite 9/865, Malviya Nagar, Jaipur, Rajasthan. ----Petitioners Versus
1. State Of Rajasthan, Through Its P.p.
2. Meenakshi Jain D/o Shri Shanti Lal Jain, Aged About 36 Years, Resident Of House Of Bhag Chand Mehandwasya, Nai Nagri Mohalla, Malpura,tonk. ----Respondents For Petitioner(s) : Mr. Vikas Kabra For Respondent(s) : Mr. Vivek Choudhary, PP Mr. Poonam Chand Bhandari Mr. Rakesh Chandel JUSTICE ANOOP KUMAR DHAND
Order 10/12/2025
1. The present criminal misc. petition has been filed under Section 528 BNSS for quashing the proceedings arising out of the FIR No.64/2018 registered at Police Station Mahila Thana, District Tonk for offences under Sections 498-A, 406 & 323 IPC and Section 4 of the Dowry Prohibition Act, 1961, on the basis of the compromise arrived at between the parties.
(2 of 3) [CRLMP-7646/2025]
2.
Learned counsel for the petitioners submits that upon submission of the charge-sheet against the petitioners, they are facing trial for the offences under Sections 498-A, 406 IPC and Section 4 of the Dowry Prohibition Act, 1961. Learned counsel submits that in terms of the compromise, now an application under Section 13-B of the Hindu Marriage Act, 1955 has been submitted for dissolution of marriage and now the complainant does not want to prosecute the petitioner, hence, the proceedings pending against the petitioners be quashed. Learned counsel submits that in light of the judgments passed by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab reported in 2012 (10) SCC 303 and The State of Madhya Pradesh vs. Laxmi Narayan reported in 2019 (5) SCC 688, the proceedings arising out of the impugned FIR be quashed against the petitioners on the basis of the compromise arrived at between the parties.
3. Per contra, learned Public Prosecutor opposes the prayer, but counsel appearing on behalf of the complainant supported the
arguments of counsel for the petitioners and does not dispute the factum of compromise between the parties and submits that the complainant has no objection in case, the proceedings arising out of the impugned FIR are quashed against the petitioners.
4. In view of the aforesaid compromise and the situations narrated herein above and looking to the fact that the compromise has been arrived at between the parties and also applying the principles laid down by the Hon’ble Apex Court in the case of Gian Singh (supra) and Laxmi Narayan (supra), this Court deems it
(3 of 3) [CRLMP-7646/2025] just and proper to invoke the inherent powers of this Court contained under Section 528 BNSS.
5. Accordingly, the instant criminal misc. petition stands allowed. The proceedings of Criminal Case No.670/2018 pending before the court of Additional Chief Judicial Magistrate, Malpura, Tonk in FIR No.64/2018 registered at Police Station Mahila Thana, District Tonk against the petitioners are hereby quashed.
6. Stay application as well as all pending applications, if any, stand disposed of.
(ANOOP KUMAR DHAND),J Karan/57