SANDEEP KUMAWAT S/O SHRI SITARAM KUMAWAT v. STATE OF RAJASTHAN
CRLMP/2098/2022 · 2025-05-27
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8034 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8034 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:22317] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2098/2022 Sandeep Kumawat S/o Shri Sitaram Kumawat, Aged About 28 Years, R/o Ward No. 73, Vivekanand Colony, New Kheda Ambabadi, Vidhyadhar Nagar, Jaipur. ----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. S.H.O Police Station Mahila Thana, Jaipur West, Jaipur.
3. Jyoti Kumawat W/o Sandeep Kumawat, Aged About 27 Years, R/o B-23, Shree Ram Nagar, Khirani Fatak Road, Jhotwara, Jaipur. ----Respondents For Petitioner(s) : Mr. Manish Sharma For State For Complainant : : Mr. M. S. Shekhawat, PP Mr. Rishi Raj Singh Rathore, PP Mr. Satyam Khandelwal HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 27/05/2025
1. This petition under Section 528 of BNSS, 2023 is filed with a prayer to quash the FIR No. 4/2022 registered at Police Station Mahila Thanna (West), Jaipur Metropolitan Jaipur for offences under Sections 498A, 406, 323, 377 of IPC, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute.
2.
Learned counsel for both the parties, in presence of their respective clients, have submitted that the parties without any coercion or influence have entered into a compromise. Hence,
[2025:RJ-JP:22317] (2 of 2) [CRLMP-2098/2022] both the parties have jointly agreed for quashing the impugned FIR and any further proceedings, arising therefrom.
3. Heard and considered.
4. At this juncture, this Court deems it appropriate to place reliance upon the dictum of the Hon’ble Apex Court enunciated in Jasmair Singh Vs. State of Haryana [(2022) 9 SCC 73] and Gian Singh Vs. State of Punjab [(2012) 10 SCC 303], wherein, it was held that a case was eminently suitable to be considered for exercise of jurisdiction under Section 528 of BNSS for quashing of criminal proceedings, if the parties have buried the hatchet and decided to give quietus to the proceedings, which were lodged inter se against one another.
5. In view of the said legal position, laid down by the Hon’ble Apex Court in aforementioned cases, and considering the fact that the dispute deals in personam and has amicably been settled between/by the parties, this Court deems it appropriate to allow the present misc. Petition. The compromise is taken on record.
6. Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No. 4/2022 registered at Police Station Mahila Thanna (West), Jaipur Metropolitan Jaipur with all consequential proceedings, is hereby quashed and set aside.
7. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of.
(SAMEER JAIN),J Pooja/143