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2025 DAILYLAW 47490 (RAJ)

AAKASH BALASAHEB KHALSHE SON OF BALASAHEB ANANDA KHALSHE v. STATE OF RAJASTHAN

CRLMP/1538/2023 · 2025-11-04

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1538/2023 Aakash Balasaheb Khalshe Son Of Balasaheb Ananda Khalshe, Resident Of Survey No. 629/2, Beladhika Nagar, Thergaon, Police Station Wakad, Pune, Maharashtra. ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Victim ----Respondents For Petitioner(s) : Mr. Mitul Jain For Respondent(s) : Mr. Amit Gupta, PP JUSTICE ANOOP KUMAR DHAND Order 04/11/2025 1. Matter comes up on an interim application No.02/2025 seeking quashing of the FIR No.41/2022 registered with the Police Station Karni Vihar, Jaipur (West) on the basis of compromise between the parties. 2. Learned counsel for the petitioner submits that the petitioner performed inter-cast marriage with the complainant and their marriage was registered with the Marriage Officer, Pune and a certificate of registration was also issued on 23.12.2021 certifying the factum of marriage between the petitioner and the respondent-complainant. Counsel submits that this fact was not disclosed in the FIR by the complainant. Counsel submits that they submitted an application under Section 25 of the Special Marriage Act for dissolution of their marriage on the basis of consent. Counsel submits that their (2 of 3) [CRLMP-1538/2023] application has been allowed vide judgment dated 08.05.2025 and their marriage has been dissolved by the Family Court No.4, Jaipur Metropolitan-First. 3. Counsel submits that now both have entered into compromise and it has been agreed that the complainant does not want to prosecute the petitioner under the changed circumstances. 4. Counsel for the complainant accepts the factum of compromise between the parties and above narrated facts. He submits that the complainant has no objection in case proceedings arising out of the aforesaid case is quashed on the basis of the compromise arrived at between the parties. 5. Heard and considered the submissions made at the Bar and perused the material available on the record. 6. Considering the arguments put forward by the respective sides and looking to the fact that after filing of the instant FIR, the marriage of the petitioner and the complainant has been dissolved by way of the consent decree passed by the Family Court vide judgment dated 08.05.2025 and also looking to the fact that the complainant has filed a compromise petition before this Court, wherein, she has agreed to not to prosecute the petitioner and also applying the principles of law as laid down by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303 & State of Madhya Pradesh Vs. Laxmi Narayan & Ors., reported in (2019) 5 SCC 688 and in the view of the aforementioned compromise arrived at between the parties and also considering the fact that the compromise is not (3 of 3) [CRLMP-1538/2023] disputed by counsel for the complainant, this Court deems it just and appropriate to invoke inherent powers of this Court under Section 482 Cr.P.C. 7. Accordingly, the interim application No.02/2025 stands allowed. 8. This criminal misc. petition is also stands allowed. Criminal proceedings arising out of the impugned FIR No.41/2022, registered with the Police Station Karni Vihar, District Jaipur (West) for the offences under Sections 384, 376(2)(n), 323, 341 and 328 IPC are quashed. 9. Stay application and all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J KuD/140