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[2025:RJ-JP:51285] (1 of 2) [CRLMP-7000/2024] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7000/2024 Aishwarya D/o Sunil Jaitly, R/o Wz-102, Om Vihar, Phaze-II, Uttam Nagar, SBI ATM, West, New Delhi-110059. ----Petitioner Versus
1. State Of Rajasthan, Through PP
2. The Commissioner Of Police, Jaipur, Rajasthan.
3. The Sho, Police Station- Sadar Jaipur, Jaipur (West), Rajasthan.
4. Sunil Kant Gautam S/o Badri Prasad, Aged About 70 Years, R/o C-2, 101, Kamal Apartment, Ram Mandir Ke Pass, Banipark, Jaipur, P.s.- Sadar Jaipur, Jaipur (West), Rajasthan. ----Respondents For Petitioner(s) : Mr. Mohit Pareek For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Pushpendra Kumar, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 18/12/2025
1. By way of this criminal misc. petition under Section 528 of the BNSS, the accused-petitioner has approached this Court with a prayer to quash the FIR No.159/2021 registered at Police Station Sadar Jaipur, District Jaipur (West) for the offences punishable under Sections 323, 341, 451, 384 & 504 of IPC on the basis of compromise arrived at between the parties.
2.
Learned counsel for the petitioner submits that essentially, there is matrimonial dispute between the parties which is evident from terms of settlement as agreed by both the parties before Counselling Cell, Family Court South West, Dwarka, New Delhi (Annex.2). It is submitted that in view of the settlement, decree of
[2025:RJ-JP:51285] (2 of 2) [CRLMP-7000/2024] divorce dated 10.05.2024 has also been granted by learned Family Court South West, Dwarka, New Delhi.
3.
Learned counsel for the complainant submits that the complainant has no objection if the FIR in question is quashed.
4. In view of the aforesaid and considering the submissions made on behalf of the respective parties; the material made available for my perusal; considering that the petitioner and the son of complainant have resolved their dispute amicably and the petitioner and the complainant’s son Rahul Gautam, who are husband and wife, have decided to live separately, this Court is of the view that in order to establish peace and harmony between the petitioner and complainant’s son and in order to let them live peacefully in the future life, 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 aforesaid FIR is liable to be quashed in view of compromise arrived at between the parties.
5. In view of the above, this criminal misc. petition is allowed and the FIR No.159/2021 registered at Police Station Sadar Jaipur, District Jaipur (West) is quashed and set aside. Consequence to follow.
6. The stay application also stands disposed of.
(ANIL KUMAR UPMAN),J CHARU SONI /436