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2025 DAILYLAW 46867 (RAJ)

JITENDRA BENIWAL S/O SHRI BHAGWAN SAHAI BENIWAL v. STATE OF RAJASTHAN

CRLMP/7628/2025 · 2025-11-27

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:48279] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7628/2025 Jitendra Beniwal S/o Shri Bhagwan Sahai Beniwal, R/o 557, Ambedkar Nagar, Manoharpur, District Jaipur Rural (Raj). ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Pooja Dotaniya W/o Jitendra Beniwal D/o Shrichand Mahesh Verma, R/o Village Lawan, District Dausa At Present R/o L-70, Shiv Enclave, Mangyawas, Mansarovar, Jaipur. ----Respondents For Petitioner(s) : Mr.Rajesh Gadwal For Respondent(s) : Mr.Vivek Choudhary, PP Mr.Devi Singh, PP Mr.Rajneesh Gupta JUSTICE ANOOP KUMAR DHAND Order 27/11/2025 1. The instant petition has been preferred for quashing of the entire criminal proceeding of the Criminal Case No.132/2025 arising out of the FIR No.51/2024 registered at Police Station Mahila Thana Jaipur City (South) pending before the Additional Civil Judge and Judicial Magistrate No.12, Jaipur Metropolitan-I on the basis of compromise between the parties. 2. Learned counsel for the petitioner submits that the petitioner is facing trial for the offences under Sections 498-A, 406 and 465 IPC before the Trial Court and the complainant has submitted an application for compounding all the offences. However, the Trial Court has only granted permission to compound the offence under [2025:RJ-JP:48279] (2 of 3) [CRLMP-7628/2025] Section 406 IPC and has refused to grant permission for compounding of the offence under Sections 498-A and 465 IPC, on the ground that the same are not compoundable. Counsel submits that the dispute pertains to the matrimonial relationship between the parties and the same is of personal nature and now, the complainant does not wish to prosecute the petitioner. 3. Learned counsel for the petitioner has placed reliance upon the judgments passed by the Apex Court in the case of Gian Singh Vs. State of Punjab reported in 2012 (10) SCC 303 and The State of Madhya Pradesh vs. Laxmi Narayan reported in 2019 (5) SCC 688. 4. Learned Public Prosecutor opposes the arguments raised by counsel for the petitioner but counsel appearing on behalf of the complainant accepts the factum of compromise arrived at between the parties. 5. In view of the aforesaid compromise and the situations narrated hereinabove and looking to the fact that the compromise has arrived at between the parties and also applying the principles laid down by the Apex Court in the case of Gian Singh (supra) and Laxmi Narayan (supra), this Court deems it just and proper to invoke inherent powers of this Court contained under Section 528 BNSS. 6. Accordingly, the instant criminal misc. petition stands allowed. The petitioner is discharged from the charge under Sections 498-A and 465 IPC. The criminal proceedings of the Criminal Case No.132/2025, arising out of the FIR No.51/2024 registered at Police Station Mahila Thana Jaipur City (South), [2025:RJ-JP:48279] (3 of 3) [CRLMP-7628/2025] pending before the Additional Civil Judge and Judicial Magistrate No.12, Jaipur Metropolitan-I is quashed. 7. The stay application and all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /80