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2025 DAILYLAW 5617 (RAJ)

ANURAG KAUSHIK S/O LATE SHREE RAJEEV KAUSHIK v. STATE OF RAJASTHAN

CRLMP/691/2025 · 2025-09-17

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:38077] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 691/2025 Anurag Kaushik S/o Late Shree Rajeev Kaushik, R/o Ilavas Sadan, Mohlla Kallupada, Tilak Market, Police Station Kotwali, Alwar, District Alwar. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Vandana Sharma W/o Shree Anurag Kaushik, R/o Presently Plot No. 3, Balajidham, Govindpura, Niwaru Road, Kardhani, Jaipur Permanent Address Jhajhoriyo Ka Mohalla Kishangarh, Renwal, Jaipur. ----Respondents For Petitioner(s) : Mr. Ashish Sharma Upadhyay, Adv. Petitioner-Anurag Kaushik is present in person For Respondent(s) : Mr. Devi Singh, Dy.GA with Mr. Shubham Kumar Sain, AAAG Ms. Meghana Kumawat, Adv. for respondent No.2 Ms. Vandana Sharma, respondent No.2 is present in person HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 17/09/2025 1. This petition has been filed under Section 528 of BNSS against the order dated 25.11.2024 passed by learned Judicial Magistrate Jaipur, District Jaipur (hereinafter referred to as learned 'trial Court') in Criminal Case No.141/2022 (07/2022) NCV No.255/2022 titled as State of Rajasthan Vs. Anurag Kaushik, by which, learned trial Court allowed the application filed on behalf of the prosecution under Section 242(2) Cr.P.C. [2025:RJ-JP:38077] (2 of 3) [CRLMP-691/2025] 2. As per the brief facts of the case, charge-sheet against the petitioner has been filed before the learned trial Court for the offences punishable under Sections 498-A and 406 of IPC and the trial is pending before the learned trial Court. 3. During the pendency of this petition, petitioner has filed an I.A. No.01/2025 to quash the proceedings pending before the learned trial Court on the basis of compromise arrived at between the parties. 4. Today, petitioner-Anurag Kaushik and respondent No.2- Vandana Sharma are personally present before the Court and are duly identified by their respective counsels. 5. This Court also interacted with the parties and they have admitted the factum of compromise arrived at between them. 6. Both the parties submit that they have settled their dispute amicably and have arrived at compromise and thereby decided to settle all the pending cases in different Courts under various enactments including Hindu Marriage Act and Section 125 Cr.P.C. on the basis of compromise. They further submit that they had filed application under Section 13-B of the Hindu Marriage Act for seeking divorce on the basis of mutual consent. The proceedings are pending at the stage of second motion. 7. As this petition has been filed only to challenge the impugned order dated 25.11.2024, vide which the application of prosecution to take some documents on record was allowed. This petition has not been filed for quashing of the proceedings, therefore, this Court does not deem it proper to quash the criminal proceedings pending before the learned trial Court on the basis of compromise. [2025:RJ-JP:38077] (3 of 3) [CRLMP-691/2025] 8. Learned counsel for the petitioner, at this stage, submits that as the proceedings pending before the learned trial Court have been stayed vide order dated 03.02.2025 by the Co-Ordinate Bench of this Court, therefore, the petitioner wants to withdraw this petition with liberty to file an application along with the compromise before the learned trial Court and also to seek directions to the learned trial Court to entertain the application of compromise and decide the same on the same day, as all the pending cases are going to be settled on the basis of compromise. 9. In that view of the matter, this petition is disposed of as withdrawn with the liberty to the petitioner to file an application along with compromise before the learned trial Court. The learned trial Court is directed to dispose of the application on the same day, as prayed. 10. With the above directions, this petition is disposed of. (ASHUTOSH KUMAR),J Mohita /100