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2025 DAILYLAW 42687 (RAJ)

DEEPAK SHARMA S/O SURENDRA KUMAR v. STATE OF RAJASTHAN

CRLMP/7979/2025 · 2025-12-18

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:51201] (1 of 3) [CRLMP-7979/2025] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7979/2025 Deepak Sharma S/o Surendra Kumar, R/o 11,257 Gujrat Housing Board Opp. Rajendra Park, Near Medhani Nagar Bus Stand, Ahemdabad, Gujrat. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Nisha Sharma D/o Late Shri Santosh Kumar Chaumal, R/o F 2B, Moon Residence, Niwaru Road, Jhotwara, Jaipur, Rajasthan, Jaipur. ----Respondents For Petitioner(s) : Mr. Pranav Vyas & Ms. Ananya Gupta for Mr. Deepak Chauhan For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asst. G.A. Ms. Kamini Pareek & Mr. Sarthak Choubey, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 18/12/2025 1. Parties are present in person and they have duly been identified by their respective counsel. 2. The instant misc. petition under Section 528 of BNSS has been filed for quashing of criminal proceedings in Case No.225/2012 pending before learned Additional Civil Judge and Judicial Magistrate No.10, Jaipur Metropolitan-II, Jaipur arising out of FIR No.356/2010 registered at Police Station Murlipura, District Jaipur City (South) for offences punishable under Sections 323, 498A and 406 of IPC, wherein the learned Magistrate has declined [2025:RJ-JP:51201] (2 of 3) [CRLMP-7979/2025] to verify the compromise for offence under Section 498A and verified the same only to the extent of offence under Section 406 IPC. 3. After registration of the aforesaid FIR, the police conducted investigation in the matter and submitted charge-sheet before the concerned court for offences punishable under Sections 498A & 406 of IPC against the petitioner. 4. Learned counsel for the petitioners submits that parties have entered into a compromise in the spirit of Lok Adalat. During trial, both the parties filed an application for compounding of the offences under Sections 406 & 498A of IPC in terms of compromise. It is submitted that the trial Court vide order dated 15.11.2025 partly allowed the said application while permitting and attesting the compromise to the extent of offence under Section 406 IPC but refused to compound the offence under Section 498A IPC, as the same is not compoundable. 5. In these circumstances, petitioner has approached this Court by way of this petition to quash the aforesaid criminal proceedings pending before the trial Court on the ground that the parties have resolved their dispute amicably. 6. Learned State counsel and learned counsel for the complainant do not dispute the factum of compromise. 7. In view of the aforesaid and considering the submissions made on behalf of the respective parties; the material made available for my perusal; considering the fact that petitioner and complainant have arrived at compromise and settled their dispute amicably and in the view of the law laid down by the Hon’ble Apex [2025:RJ-JP:51201] (3 of 3) [CRLMP-7979/2025] court in the case of B.S. Joshi Vs. State of Haryana, reported in 2003 (4) SCC p.675 in which it has been held that the proceedings under Section 498A IPC can be quashed because it is the matrimonial matter, and also finding that the present case is wholly covered by the principle of law laid down by Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr-reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [AIR 1992 SC 604], the impugned criminal proceedings arising out of aforesaid FIR are liable to be quashed in view of compromise arrived at between the parties although the offence punishable under Section 498A of IPC alleged to be made out in the instant case is not compoundable. 8. In view of the above, this criminal misc. petition is allowed and the criminal proceedings in Case No.225/2012 pending before learned Additional Civil Judge and Judicial Magistrate No.10, Jaipur Metropolitan-II, Jaipur arising out of FIR No.356/2010 registered at Police Station Murlipura, District Jaipur City (South) for offences punishable under Sections 323, 498A and 406 of IPC are quashed and set aside. Consequence to follow. 9. Stay Application as well as pending application(s), if any, also stands disposed of. (ANIL KUMAR UPMAN),J CHARU SONI /348