[2026:RJ-JP:4444] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7532/2024 Narendra Mahawar Son Of Navratan Mahawar, Aged About 27 Years, R/o 11-B, Parasrampuri Colony, In Front Of Jal Mahal, Amer Road, Jaipur . ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Mother Of Victim Wife Of Jyoti Prakash, R/o B-15, Parashrampuri Colony, Jalmahal, Amer Road, P.s. Brahmpuri, Jaipur. 3. Victim, R/o ----Respondents For Petitioner(s) : Mr. Vinod Kumar Sharma, PP For Respondent(s) : Mr. Rishiraj Singh Rathore, PP with Mr. Gaurav Gupta, Asstt. GA Mr. Dilip Singh Kurka, Adv. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/01/2026 1. By way of this criminal misc. petition under Section 528 of BNSS, the accused-petitioner has approached this Court with a prayer to quash the entire criminal proceedings arising out of FIR No.511/2021 registered at Police Station Brahmpuri, Jaipur City (North) for offences punishable under Section 363 IPC. After completion of investigation, Police filed charge-sheet before the concerned trial court for offence punishable under Sections 363, 376(2)(n), 366A IPC and Section 5j(ii), 5(l) & 6 of POCSO Act. 2. The mother of the victim/respondent No.2 and victim- respondent No.3 are present in person. They have duly been identified by their counsel. [2026:RJ-JP:4444] (2 of 3) [CRLMP-7532/2024] 3. It is submitted by learned counsel appearing for the petitioner that the petitioner and the victim-respondent No.3 are major and they have solemnized the marriage on 01.07.2022 and leading a happy married life and out of their wedlock, two children have been born out. In such circumstances, counsel prays that no fruitful purpose would be served by keeping the criminal proceedings pending against the petitioner as the same will create hindrance in the peaceful and happy married life of the petitioner and respondent No.3. 4. Learned counsel appearing for the complainant/victim/ respondents does not dispute the aforesaid factual aspect. 5. In the case of K Dhandapani Vs. The State by the Inspector of Police decided on 9th May, 2022 in Criminal Appeal No.796/2022, Hon'ble Supreme Court set aside the conviction and sentence passed against the accused and the Court observed as follows:- "This Court cannot shut its eyes to the ground reality and disturb the happy family life of the appellant and the prosecutrix." 6. In view of the aforesaid facts and circumstances of the case and considering the submissions made on behalf of the learned counsel for the petitioners; the material made available for perusal; considering the fact that petitioner and victim-respondent No.3 are leading peaceful and happy married life, and also considering the law laid down by Hon'ble Supreme Court in the cases of K Dhandapani (Supra), Gian Singh Vs. State of Punjab & Anr. reported in 2012 Cr.L.J. (SC) 4934 and State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [2026:RJ-JP:4444] (3 of 3) [CRLMP-7532/2024] reported in AIR 1992 SC 604, the entire criminal proceedings arising out of the aforesaid FIR are liable to be quashed. 7. In view of the above, this Criminal Misc. Petition is allowed and the entire criminal proceedings arising out of FIR No.511/2021 registered at Police Station Brahmpuri, Jaipur City (North) are hereby quashed and set aside. Consequence to follow. 8. Presently, the petitioner is in jail. He be released forthwith, if not required in any other case. 9. Stay application and pending applications(s), if any, also stand disposed of. (ANIL KUMAR UPMAN),J Manoj Solanki /45