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2025 DAILYLAW 8468 (RAJ)

ASHOK KUMAR v. STATE OF RAJ AND ANR

CRLMP/1937/2018 · 2025-08-21

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:32934] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Petition No. 1937/2018 Ashok Kumar S/o Shri Mool Chand, aged about 27 years, R/o Village Kishanpura (Mandrupura), Tehsil Bassi, District Jaipur. ----Accused/Petitioner Versus 1. State of Rajasthan through Public Prosecutor ----Non-Petitioner 2. Smt. Anita Meena W/o Shri Ashok Kumar D/o Shri Behrulala Meena, aged about 26 years, R/o House No.61, Jagdamba Colony, Paldi Meena, Agra Road, Jaipur. ----Complainant/Non-Petitioner For Petitioner(s) : None present For Respondent(s) : Mr. Vivek Sharma, Addl.G.A. Mr. Devi Singh, Dy.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 21/08/2025 1. No one puts in appearance on behalf of the petitioner to argue the matter. 2. By way of this criminal misc. petition under Section 482 of Cr.P.C., the petitioner has approached this Court with a prayer for quashing of the criminal proceedings pending before learned Additional Civil Judge (Junior Division) and Metropolitan Magistrate No.15, Jaipur Metropolitan, Jaipur (hereinafter referred to as the 'trial Court') in Criminal Case No.330/2014 arising out of the FIR No.19/2014 registered at Mahila Thana, Jaipur City (East) on the basis of compromise arrived at between the parties. 3. As per the brief facts of the case, an FIR No.19/2014 was lodged at Mahila Thana, Jaipur City (East) by the respondent No.2 [2025:RJ-JP:32934] (2 of 3) [CRLMP-1937/2018] against the petitioner for the offences punishable under Sections 498-A and 406 of IPC. After conclusion of the investigation, charge-sheet against the petitioner was filed for the offences punishable under Sections 498-A and 406 of IPC before learned trial Court. During trial, both the parties have entered into compromise and amicably settled their dispute and submitted an application under Section 320(2) of Cr.P.C., along with a compromise deed before the learned trial Court. Learned trial Court vide order dated 26.02.2018, partly allowed the application and attested the compromise for the offence punishable under Section 406 of IPC as the same is compoundable and the petitioner has been acquitted from the offence punishable under Section 406 of IPC, however learned trial Court has not passed any order in respect of the offence under Section 498-A of IPC, as the same is non-compoundable. 4. From the perusal of the record, it is evident that both the parties have entered into compromise and have settled their mat- rimonial dispute amicably, therefore, the present petition deserves to be allowed and the criminal proceedings pending in Criminal Case No.330/2014 before learned trial Court arising out of FIR No.19/2014 registered at Mahila Thana, Jaipur City (East) be quashed and set aside. 5. Learned counsel appearing on behalf of the State vehemently opposed the prayer made on behalf of the petitioner. 6. Heard learned counsel appearing on behalf of the State and perused the material available on record. [2025:RJ-JP:32934] (3 of 3) [CRLMP-1937/2018] 7. In view of the aforesaid discussions and considering the fact that the parties have resolved their dispute amicably and also considering that the present case is wholly covered by the principle of law laid down by Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [AIR 1992 SC 604], the FIR as well as the criminal proceedings are liable to be quashed. 8. In view of the above, this criminal miscellaneous petition is allowed and the criminal proceedings pending before learned Additional Civil Judge (Junior Division) and Metropolitan Magistrate No.15, Jaipur Metropolitan, Jaipur in Criminal Case No.330/2014 arising out of the FIR No.19/2014 registered at Mahila Thana, Jaipur City (East) are quashed and set aside on the basis of compromise arrived at between the parties. Consequence to follow. 9. Stay application and any other pending applications also stand disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA /15