[2025:RJ-JP:6869] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 936/2025 Jitendra Bhagat son of Shri Prem Prakash Bhagat, Aged About 36 Years, Resident Of 20 Indraprastha Colony, Ram Nagar, Sodala, Jaipur, Rajasthan. ----Accused-Petitioner Versus 1. State of Rajasthan through Public Prosecutor 2. Smt. Urvashi Panjwani Wife Of Shri Jitendra Bhagat, Aged About 33 Years, Residentof Flat No. 45, Jalvayu Vihar, Sector- 7, Vidyadhar Nagar, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Anil Kumar Mohta, Advocate with Mr. Abhinav Saxena, Advocate & Ms. Neha Garg, Advocate For Respondent(s) : Mr. Amaan Ahmad Alvi, Advocate Mr. Naresh Kumar Gupta, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 17/02/2025 Instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred on behalf of the accused- petitioner seeking quashing of impugned F.I.R. No.131/2022 registered at Women Police Station, Jaipur City (North) for offences punishable under Sections 498-A & 406 of I.P.C., alongwith all subsequent proceedings pending before the Court of Additional Chief Metropolitan Magistrate, No.2, Jaipur Metropolitan-II. In the present case, during trial, the accused-petitioner and the respondent No.2 had entered into a compromise dt.03.02.2025 and the dispute between them had amicably been settled. The parties moved a compromise application before the trial Court for attesting the compromise for offences under Sections 498-A & 406 of I.P.C. Since the [2025:RJ-JP:6869] (2 of 3) [CRLMP-936/2025] Presiding Officer has been transferred, the compromise has not been attested. Today, both the parties are present-in-person before this Court. They have been identified by their respective Counsel & their signatures have been obtained on the order-sheet of the Court. Learned counsel appearing for the accused-petitioner has argued that since the respondents No.2 the petitioner have already entered into a compromise, there is no possibility of conviction of the petitioner for the alleged offences. Counsel further argued that the relevant documents regarding compromise filed before ld. Trial Court are available on record. It is further argued that since the compromise has been arrived at between the parties by way of mutual consent, no useful purpose would be served in continuing the trial against the petitioner for the alleged offences as the same may derail the compromise arrived at between them. Learned Public Prosecutor for the State has opposed the submissions made by the learned counsel appearing for the accused- petitioner, whereas the learned counsel appearing for the respondent No.2 has no objection, if the proceedings for the alleged offences are dropped against the petitioner, as the parties have already entered into a compromise. Having considered the overall facts and circumstances of the case & looking to the fact that since the compromise has been arrived at between the petitioner & the respondent No.2, there is no possibility of the petitioner being convicted in the case pending against him before the Court concerned. Further when once the matrimonial disputes have been settled by way of mutual compromise, no useful purpose would be served in keeping the criminal proceedings pending. [2025:RJ-JP:6869] (3 of 3) [CRLMP-936/2025] Keeping in view the observations made by the Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab & Another, JT 2012 (9) S.C. 426, this Court is of the opinion that it is a fit case, wherein the criminal proceedings pending against the petitioner can be quashed while exercising powers under Section 528 of B.N.S.S. 2023. Accordingly, instant petition is allowed. The impugned F.I.R. No.131/2022 registered at Women Police Station, Jaipur City (North) for offences punishable under Sections 498-A & 406 of I.P.C., alongwith all subsequent proceedings pending before the Court of Additional Chief Metropolitan Magistrate, No.2, Jaipur Metropolitan-II, are, hereby, quashed. Pending application, if any, also stands disposed of. (VINOD KUMAR BHARWANI),J ASHOK-Rishi