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2025 DAILYLAW 40458 (RAJ)

ARVIND KUMAR SHARMA S/O SH. RAM PRAKASH SHARMA v. STATE OF RAJASTHAN

CRLMP/4371/2025 · 2025-07-28

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:28364] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4371/2025 Arvind Kumar Sharma S/o Sh. Ram Prakash Sharma, Aged About 38 Years, Resident Of 5/71, Parasram Nagar, Sikar Road, Dher Ka Balaji, Jaipur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Akansha Khandal D/o Lt. Sh. Banwari Lal Sharma, Aged About 35 Years, Resident Of Plot No. 1A, Panchmukhi Hanuman Marg, Khetadi House, Out Of Chandpol, Jaipur. ----Respondents For Petitioner(s) : Mr. Nishant Sharma, Adv. For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 28/07/2025 1. This petition under Section 528 of BNSS, 2023 is filed with a prayer to quash the Criminal Case No.358/2018 arising out of FIR No.279/2016, registered at Police Station Mahila Thana, Jaipur West for the offences under Sections 498-A, 406, 323 of IPC and Section 4 of Dowry Prohibition Act on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute. 2. Learned counsel for the parties have submitted that the present is a matrimonial dispute and both sides without any coercion or influence have entered into a compromise before the Court below reflected as Annexure-2. It is submitted both the parties have jointly agreed for quashing the impugned FIR and any further proceedings, arising therefrom. [2025:RJ-JP:28364] (2 of 2) [CRLMP-4371/2025] 3. Heard and considered. 4. At this juncture, this Court deems it appropriate to place reliance upon the dictum of the Hon’ble Apex Court enunciated in Jasmair Singh Vs. State of Haryana [(2022) 9 SCC 73] and Gian Singh Vs. State of Punjab [(2012) 10 SCC 303], wherein, it was held that a case was eminently suitable to be considered for exercise of jurisdiction under Section 528 of BNSS for quashing of criminal proceedings, if the parties have buried the hatchet and decided to give quietus to the proceedings, which were lodged inter se against one another. 5. In view of the said legal position, laid down by the Hon’ble Apex Court in aforementioned cases, and considering the fact that the dispute deals in personam and has amicably been settled between/by the parties, this Court deems it appropriate to allow the present misc. Petition. The compromise is taken on record. 6. Considering the aforementioned, the present criminal miscellaneous petition is allowed and the Criminal Case No.358/2018 arising out of FIR No.279/2016, registered at Police Station Mahila Thana, Jaipur West for the offences under Sections 498-A, 406, 323 of IPC and Section 4 of Dowry Prohibition Act with all consequential proceedings, is hereby quashed and set aside. 7. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of. (SAMEER JAIN),J CHANDAN /116