[2026:RJ-JP:1005] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7282/2025 Sarvendra Rajak Son Of Devendra Rajak, Aged About 26 Years, Resident of Village Mahuli, Post Bamora, Tehsil Sagar, Police Sta- tion Bahiriya Sagar, Madhya Pradesh. ----Petitioner Versus 1. The State of Rajasthan Through PP 2. Bejanti Wife of Sh. Govind, Aged About 45 Years, Resi- dent Of E79, Kardhani Scheme, Kardhani, Jaipur (West) (Raj). 3. Rachna Daughter of Sh. Govind Wife Of Sarvendra Rajak, Aged About 21 Years, Resident of Village Mahuli, Post Bamora, Tehsil Sagar, Police Station Bahiriya Sagar, Mad- hya Pradesh. ----Respondents For Petitioner(s) : Mr. Rajveer Singh Gurjar For Respondent(s) For Complainant(s) : : Mr. Vivek Choudhary, PP Ms. Seema Shekhar HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 09/01/2026 1. By way of this criminal misc. petition under Section 528 of BNSS, the petitioner has approached this Court with a prayer to quash the FIR No.441/2020 registered at Police Station Kardhani, District Jaipur (West) (Raj.) for offence punishable under Section 363 of IPC, on the basis of compromise. 2. The petitioner and victim-respondent No.3 are present in person. They have duly been identified by their respective counsel. [2026:RJ-JP:1005] (2 of 3) [CRLMP-7282/2025] 3. It is submitted by learned counsel appearing for the petitioner that the petitioner and the victim-respondent No. 3 are majors and they have solemnized their marriage. It is further submitted that two children have been born out of the said wedlock. Counsel further submits that no fruitful purpose would be served by keeping this FIR pending as further proceedings will create hindrance in the peaceful and happy married life of the petitioners. 4. Learned counsel appearing for the victim-respondent No.3 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 petitioner; 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 & [2026:RJ-JP:1005] (3 of 3) [CRLMP-7282/2025] Ors. Vs. Choudhary Bhajan Lal & Ors. reported in AIR 1992 SC 604, the impugned FIR is liable to be quashed. 7. In view of the above, this Criminal Misc. Petition is allowed and FIR No.441/2020 registered at Police Station Kardhani, District Jaipur (West) (Raj.) along with all consequential and subsequent proceedings are hereby quashed and set aside. Consequence to follow. 8. Stay application and pending applications(s), if any, also stand disposed of. (ANIL KUMAR UPMAN),J LALIT MOHAN /179