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2026 DAILYLAW 4718 (RAJ)

SMT CHHOTI DEVI MEENA W/O SHRI PHELIRAM MEENA B/C MEENA v. STATE OF RAJASTHAN

CRLMP/1056/2019 · 2026-04-16

Anoop Kumar Dhand

body2026

Judgment text

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[2026:RJ-JP:15894] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1056/2019 Smt Chhoti Devi Meena W/o Shri Pheliram Meena, aged about 43 Years, R/o Village Sumel, Teh. and District Jaipur, Raj. ----Complainant-Petitioner Versus State Of Rajasthan, Through PP. ----Respondent For Petitioner(s) : Mr. Shashank Singh for Mr. Prem Shanker Sharma For Respondent(s) : Mr. Jitendra Singh Rathore-PP JUSTICE ANOOP KUMAR DHAND Order 16/04/2026 1. The instant criminal misc. petition has been filed by the complainant-petitioner for quashing the proceedings arising out of the impugned FIR No. 186/2011 registered with the Police Station Kanota, Jaipur Rural for the offences punishable under Sections 498-A, 406 and 120B IPC and a prayer has also been made for quashing the proceedings of the Criminal Case No. 655/2011 pending against the accused persons before the Court of Additional Civil Judge and Metropolitan Magistrate No. 24, Bassi, Jaipur Metro. 2. Counsel appearing on behalf of the complainant-petitioner submits that at the instance of the complainant-petitioner, the aforesaid proceedings were initiated against the accused persons and the accused were charge-sheeted for the offences as stated above but during course of the trial, the parties have settled their [2026:RJ-JP:15894] (2 of 3) [CRLMP-1056/2019] dispute. Counsel submits that now, the complainant does not want to prosecute the accused persons and she submitted a compromise application before the Trial Court for attestation of the compromise arrived at between the parties way back in the year 2018 but till date, the aforesaid application has not been decided, hence, in the interest of justice and in the interest of both the parties, the proceedings arising out of the impugned FIR be quashed. 3. Per contra, learned Public Prosecutor oppose the arguments raised by counsel for the petitioner. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. Perusal of the record indicates that a charge-sheet has been submitted against the accused persons for the offences under Sections 498A, 406 and 120B IPC at the instance of the complaint submitted by the complainant-petitioner which resulted in the registration of the impugned FIR and since now she does not want to prosecute the accused persons that is why she submitted an application in this regard before the Trial Court. The alleged offences are pertaining to a matrimonial dispute between the parties, hence applying the principles of law as laid down by the Hon’ble Apex Court in the cases of Gian Singh Vs. State of Punjab reported in 2012 (10) SCC 303 and The State of Madhya Pradesh vs. Laxmi Narayan reported in 2019 (5) SCC 688, this Court deems it just and proper to invoke inherent powers contained under Section 528 BNSS. 5. Accordingly, the instant criminal misc. petition stands allowed and the criminal proceedings pending against the accused [2026:RJ-JP:15894] (3 of 3) [CRLMP-1056/2019] persons arising out of the impugned FIR No. 186/2011, registered with the Police Station Kanota, Jaipur stands quashed. 6. The stay application and all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J Ashu/27