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2026 DAILYLAW 10359 (RAJ)

VIJAY KUMAR VERMA S/O SHRI JAGDISH KUMAR VERMA v. STATE OF RAJASTHAN

CRLMP/2870/2023 · 2026-07-15

Anoop Kumar Dhand

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Judgment text

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[2026:RJ-JP:26952] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2870/2023 URN: CRLMP / 5409U / 2023 1. Vijay Kumar Verma S/o Shri Jagdish Kumar Verma, Aged About 43 Years, R/o 267, Ground Floor, Tagore Park, Modal Town, Delhi. 2. Jagdish Kumar Verma S/o Shri Gilu Ram Verma, Aged About 74 Years, R/o 267, Ground Floor, Tagore Park, Modal Town, Delhi. 3. Asha Kumar Verma D/o Shri Jagdish Kumar Verma, Aged About 52 Years, R/o 267, Ground Floor, Tagore Park, Modal Town, Delhi. ----Accused-Petitioners Versus 1. State of Rajasthan, through P.P. ----Respondent 2. Dr. Parul Basanwal W/o Shri Vijay Kumar Verma, aged about 36 Years, R/o 113/8, Sector-11, Kumbha Marg, Pratap Nagar, Jaipur City (East). Presently R/o House No. 80, Mahesh Colony, J.P. Phatak Under Pass, Jaipur. ----Respondent-Complainant For Petitioner(s) : Mr.Mukesh Pal Jadoun For Respondent(s) : Mr.Manvendra Singh Shekhawat, PP JUSTICE ANOOP KUMAR DHAND Order 15/07/2026 1. The instant criminal misc. petition has been submitted with a prayer to quash the impugned F.I.R. No.78/2017, registered at the Police Station Mahila Thana, District Jaipur (East), for the offences punishable under Sections 498-A & 406 IPC and all the proceedings of the Criminal Case No.16/18 pending before the [2026:RJ-JP:26952] (2 of 4) [CRLMP-2870/2023] Court of the Additional Civil Judge & Metropolitan Magistrate No.19, Jaipur Metropolitan, Jaipur-II on the basis of the compromise arrived at between the parties. 2. Learned counsel for the petitioners submits that the marriage between the petitioner No.1 and the respondent No.2 could not pull on well and certain matrimonial disputes occurred between them and thereafter, both husband and wife, i.e., petitioner No.1 and respondent No.2 entered into compromise wherein it was agreed between the parties that the petitioner No.1 would pay a sum of Rs.20,00,000/- as full and final settlement to the respondent No.2. Counsel submits that a sum of Rs.6,00,000/- were received by the respondent No.2 at the time of recording of the joint statement at the first motion stage of mutual consent before the Court of Principal Judge, Family Court Central, Delhi on 05.01.2023. Counsel submits that it was agreed that a sum of Rs.9,00,000/- would be paid to the respondents at the time of recording of the joint statement at the second motion stage of the proceedings pending before the said Family Court and accordingly, the second part of the amount, i.e., Rs.9,00,000/- have been received by the respondent No.2 on 08.02.2023 and this fact is mentioned in the order dated 08.02.2023 passed by the Principal Judge, Family Court Central, Delhi. Counsel submits that as per the terms and conditions, the remaining balance amount of Rs.5,00,000/- would be paid to the respondent No.2, when the proceedings of the impugned F.I.R. is quashed by this Court. 3. Counsel submits that a demand draft of Rs.5,00,000/- has already been prepared and deposited with this Court on 08.10.2024, the demand draft of the aforesaid amount is lying [2026:RJ-JP:26952] (3 of 4) [CRLMP-2870/2023] pending before this Court, hence, the petitioner has fulfilled all the terms and conditions of the compromise agreement, therefore, the impugned proceedings arising out of the impugned F.I.R. and criminal case pending against them before the concerned Court may be quashed and set-aside. 4. None has put in appearance on behalf of the complainant- respondent to oppose the prayer but the learned Public Prosecutor opposes the prayer raised by counsel for the accused-petitioner. 5. Considering the arguments put forward by learned counsel for the petitioner and looking to the fact that after registration of the impugned F.I.R., the parties have settled their dispute by entering into a compromise and in terms of the compromise, a divorce petition under Section 13-B of the Hindu Marriage Act has been submitted before the Family Court and during first and second motion stage, a sum of Rs.15,00,000/- has already been received by the respondent No.2 and for rest of the amount of Rs.5,00,000/-, a demand draft has already been deposited before this Court. The terms and conditions of the settlement has already been fulfilled, hence, looking to the fact that the dispute in question is matrimonial in nature, hence, applying the principles laid down by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab reported in 2012 (10) SCC 303, this Court deems it just and proper to invoke inherent powers of this Court contained under Section 482 Cr.P.C. 6. Accordingly, the instant criminal misc. petition stands allowed and the criminal proceedings arising out of the impugned F.I.R. No.78/2017, registered at the Police Station Mahila Thana, District Jaipur (East) as well as all the proceedings arising out of [2026:RJ-JP:26952] (4 of 4) [CRLMP-2870/2023] the Criminal Case No.16/18 pending before the Court of the Additional Civil Judge & Metropolitan Magistrate No.19, Jaipur Metropolitan, Jaipur-II stand quashed and set-aside with the condition in case, the validity of the demand draft deposited before this Court has expired, the petitioners would renew the same at the request of the respondent No.2. 7. In case, the petitioners refused to renew the same in favour of the respondent No.2, this order would stand vacated automatically, without further reference to the Court. 8. Since neither the respondent No.2 nor her counsel have put in appearance before this Court and she is not aware about passing of this order, Office is directed to send a copy of this order to the respondent No.2 on her residential address. 9. Stay application and all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma/86