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2025 DAILYLAW 42216 (RAJ)

JUHI JAIN WIFE OF SHRI ABHAY ACHAL MITTAL, D/O SHRI RAJESH JAIN v. ABHAY ACHAL MITTAL SON OF SHRI ACHAL KUMAR MITTAL

CRLMP/5414/2025 · 2025-09-26

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:39851] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5414/2025 Juhi Jain Wife Of Shri Abhay Achal Mittal, D/o Shri Rajesh Jain, Resident Of House No. 15, Mahesh Nagar, Jaipur. ----Petitioner Versus 1. Abhay Achal Mittal Son Of Shri Achal Kumar Mittal, Resident Of Ff-5, Second Floor, Mangal Bazar, Laxmi Nagar, Near Bank Of Baroda, Delhi- 110092. 2. Achal Kumar Mittal Son Of Shri Anand Prakash Mittal, Resident Of Ff-5, Second Floor, Mangal Bazar, Laxmi Nagar, Near Bank Of Baroda, Delhi- 110092. 3. Smt. Meenu Mittal Wife Of Shri Achal Kumar Mittal, Resident Of Ff-5, Second Floor, Mangal Bazar, Laxmi Nagar, Near Bank Of Baroda, Delhi- 110092. 4. Aditi Mittal D/o Shri Achal Kumar Mittal, Resident Of Ff-5, Second Floor, Mangal Bazar, Laxmi Nagar, Near Bank Of Baroda, Delhi- 110092. ----Respondents Connected With S.B. Criminal Miscellaneous (Petition) No. 1259/2025 1. Shri Achal Kumar Son Of Anand Prakash Mittal, Resident Of F.f 5, Second Floor, Mangal Bazar, Near Laxmi Nagar Bank Of Baroda, Delhi-110092. 2. Smt. Meenu Mittal Wife Of Achal Kumar Mittal Son Of, Resident Of F.f 5, Second Floor, Mangal Bazar, Near Laxmi Nagar Bank Of Baroda, Delhi-110092. 3. Aditi Mittal Daughter Of Achal Kumar Mittal Son Of, Resident Of F.f 5, Second Floor, Mangal Bazar, Near Laxmi Nagar Bank Of Baroda, Delhi-110092. ----Petitioners Versus 1. State Of Rajasthan, Through The Learned Public Prosecutor. 2. Smt. Juhi Jain Wife Of Abhay Achal Mittal, Daughter Of Shri Rajesh Jain, Resident Of House No. 15, Chayadeep-2, Mahesh Nagar, Jaipur (Rajasthan). ----Respondents For Petitioner(s) : Mr. Peush Nag For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP Mr. Vijay Choudhary, Mr. Ram Singh Gurjar [2025:RJ-JP:39851] (2 of 3) [CRLMP-5414/2025] HON'BLE MR. JUSTICE SUDESH BANSAL Order 26/09/2025 1. S.B. Criminal Miscellaneous (Petition) No. 5414/2025 has been filed by complainant and S.B. Criminal Miscellaneous (Petition) No. 1259/2025 has been filed by accused, for quashing of FIR No. 252/2024 registered at Police Station Mahila Thana, Jaipur City (South) for offences under Sections 85, 316(2) & 61(2) (b) of BNS, 2023 and Section 3 of Dowry Prohibition Act, 1961 on the basis of compromise arrived at between parties. 2. It has inter alia been stated that the impugned FIR came to be lodged on accrual of matrimonial acrimony, however, the matrimonial dispute has been resolved by way of mutual settlement arrived at between parties before the Mediation Center at Rajasthan High Court Bench, Jaipur. The terms of compromise has been reproduced in the compromise dated 28.05.2025 and original compromise is available in the file of Criminal Miscellaneous Bail Application No.1340/2025. 3. It has jointly been prayed that terms of compromise has also been complied with, hence, the FIR may be quashed. 4. Complainant has appeared through Video Conferencing, who is duly identified by her respective counsel and has no objection to quash the impugned FIR. 5. The Hon’ble Supreme Court in case of Jasmair Singh Vs. State of Haryana [(2022) 9 SCC 73], while dealing with the quashment of matrimonial dispute, has held that since parties buried hatchet and decided to give quietus to proceedings which were lodged inter se, hence going by law declared in Gian Singh [2025:RJ-JP:39851] (3 of 3) [CRLMP-5414/2025] Vs. State of Punjab [(2012) 10 SCC 303], case was eminently suitable to be considered for exercise of jurisdiction under Section 482 Cr.PC for quashment of criminal proceedings. 6. The Hon’ble Supreme Court in another case of Ramgopal Vs. The State of Madhya Pradesh reported in [(2022) 14 SCC 531] observed as follows: “12. The High Court, therefore, having regard to the nature of the offence and the fact that parties have amicably settled their dispute and the victim has willingly consented to the nullification of criminal proceedings, can quash such proceedings in exercise of its inherent powers under Section 482 Cr.P.C., even if the offences are non- compoundable.” 7. In view of legal proposition of law laid down by the Hon’ble Apex Court in aforesaid cases, and considering the nature of offence and the dispute which is personal in nature between parties so also has been amicably settled, therefore, this Court deems it just and proper to allow the present miscellaneous petitions. 8. As a final result, the present criminal miscellaneous petitions are allowed and the FIR No. 252/2024 registered at Police Station Mahila Thana, Jaipur City (South), alongwith all consequential proceedings, are hereby quashed. 9. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Mohita/Sachin /276-277