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2025 DAILYLAW 43034 (RAJ)

CHANDRA PRAKASH S/O SHRI MADAN LAL v. STATE OF RAJASTHAN

CRLMP/6310/2025 · 2025-10-28

Mahendar Kumar Goyal

body2025

Judgment text

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[2025:RJ-JP:43146] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6310/2025 Chandra Prakash S/o Shri Madan Lal, R/o- Punjab National Bank Branch Maker, Tower E, Ground Floor Cofe, Parade Bombay, Mumbai Railway, Maharashtra, At Present- Near Dispensary, Chawani, P.s. Gumanpura, District Kota Raj.. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Sangeeta Dhangar D/o Kalulal Dhangar, Aged About 34 Years, R/o H.no. D/66, Subhash Colony, Nandaji Ki Badi, Khedli Phatak, P.s. Bhimganj Mandi, District Kota City ( Rajasthan). ----Respondents For Petitioner(s) : Mr. Samarth Singh For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Mritunjaya Sharma HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 28/10/2025 This criminal miscellaneous petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for quashing the proceeding in criminal case No.16989/2020: State of Rajasthan Vs. Chandra Prakash pending against the petitioner in the Court of learned Additional Chief Judicial Magistrate No.7, Kota (for brevity ‘The learned Trial court) under Sections 467, 468 and 471 IPC. Learned counsel for the petitioner, inviting attention of this Court towards the order dated 19.08.2025 (Annexure 1) passed by the learned trial Court, submits that in the aforesaid criminal [2025:RJ-JP:43146] (2 of 3) [CRLMP-6310/2025] case arising out of a matrimonial dispute between the parties, on the basis of compromise entered in between them, the proceeding has been quashed qua Section 420 IPC being compoundable but, the proceeding was directed to be continued qua Sections 467, 468 and 471 IPC being non-compoundable. He submits that since, the matrimonial dispute between the parties has amicably been settled, it is in the interest of justice that the pending proceeding against him under Sections 467, 468 and 471 IPC be quashed and set aside. The respondent No.2/complainant- Smt. Sangeeta Dhangar, present in person and identified by her learned counsel, acknowledging the factum of compromise between the parties, submits that she has no objection if the criminal miscellaneous petition is allowed and the proceeding is quashed. Learned Public Prosecutor opposed the prayer. Heard. Considered. Taking into consideration the contentions advanced at Bar, the material available on record, order-sheet of the learned tTrial Court dated 19.08.2025, settlement of matrimonial dispute between the parties and the law laid down by the Hon’ble Supreme Court of India in the cases of B.S. Joshi and Others Vs. State of Haryana and Another: 2003 (4) SCC 675 and Gian Singh Versus State of Punjab and Others: (2012) 10 SCC 303, this Court deems it just and proper to allow this criminal miscellaneous petition. Resultantly, the criminal miscellaneous petition is allowed and the proceeding in criminal case No.16989/2020: State of Rajasthan Vs. Chandra Prakash pending against the petitioner [2025:RJ-JP:43146] (3 of 3) [CRLMP-6310/2025] under Sections 467, 468 and 471 IPC in the Court of learned Additional Chief Judicial Magistrate No.7, Kota is quashed and set aside. Pending application(s), if any, also stand(s) disposed of accordingly. (MAHENDAR KUMAR GOYAL),J Chandan/61