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2026 DAILYLAW 733 (RAJ)

BUDHIPRAKASH GURJAR v. STATE OF RAJ AND ORS

CRLMP/729/2018 · 2026-03-07

Anoop Kumar Dhand

body2026

Judgment text

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[2026:RJ-JP:9850] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.729/2018 Budhiprakash Gurjar, S/o- Lachhya, R/o- Gurjar Basti, Dhoonda, Jatwara Kalan, Sawai Madhopur, Rajasthan. ----Petitioner Versus 1. State of Rajasthan Through PP 2. S.P. Sawai Madhopur. 3. Station House Officer, Police Station Kotwali, District Sawai Madhopur. 4. Benhiprasad, S/o- Ramniwas, R/o Nimali Khurd, P.S. Kotwali, District Sawai Madhopur. 5. Dwarka, D/o Sarwan, W/o- Late Budhiprakash Gurjar, R/o Modiya Ki Dhani, Tehsil And District Sawai Madhopur. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. N.S.Dhakar, PP Mr. Vivek Choudhary, PP and Ms. Manju Dave, PP JUSTICE ANOOP KUMAR DHAND Order 07/03/2026 1. By way of filing the instant criminal misc. petition, a prayer has been made to quash the impugned FIR No.73/2018 registered with Police Station Kotwali Sawai Madhopur, District Sawai Madhopur for the offences under Sections 363 and 366 IPC. 2. As per the contents of the instant petition, the petitioner has not committed any offence, rather he has been falsely booked in the impugned FIR. An affidavit of the prosecutrix has been enclosed with the instant petition, which indicates that the prosecutrix has performed ‘Nata’ marriage with the petitioner after [2026:RJ-JP:9850] (2 of 2) [CRLMP-729/2018] death of her husband and thereafter, she has started residing with him. No prayer has been made by the prosecutrix in the affidavit for quashing the proceedings arising out of the impugned FIR. 3. Considering the overall facts and circumstances of the case, this Court deems it just and proper to dispose of the instant petition granting liberty to the parties to file appropriate application before the Trial Court. 4. In case, the prosecutrix does not wish to prosecute the petitioner on the basis of compromise and on the basis of solemnization of marriage between them and in case such application is submitted before the Trial Court, it is expected from the Trial Court to decide the said application expeditiously, as early as possible, if the trial is still pending. 5. With the aforesaid observations, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/4