Rajasthan High Court - Jodhpur
Kuldeep Rajnikant Sharma vs State Of Rajasthan (2025:Rj-Jd:24393) on 20 May, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:24393]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4132/2025
Kuldeep Rajnikant Sharma S/o Rajnikant Kanhaiyalal, Aged
About 32 Years, R/o D-903 Satyamev Judicial Colony, Near Bhel
Colony Gayatri Nagar Gotri, Vadodara, Gujarat
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Smt Anjali Goyal W/o Kuldeep Rajnikant, D/o Prahladram
Goyal,r/o D-29 Uit Pratanagar Jodhpur
----Respondents
For Petitioner(s) : Mr. Zafar Khan.
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. Omprakash Choudhary.
Mr. Harshil Vyas.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 20/05/2025 The instant criminal misc. petition under Section 528 of BNS has been filed by the petitioner seeking quashing of the order dated 06.05.2025 passed by the learned Special Addl. Chief Judicial Magistrate (PCPNDT Act Cases), Jodhpur Metro, in Criminal Regular Case No.105/2023 to the extent that the learned court below has refused to compound the offence under Section 498A IPC.
Learned counsel for the petitioner submitted that the petitioner and the complainant are husband and wife and they have settled their disputes and have arrived at a compromise. The said compromise was submitted before the learned court below by filing an application, however, the learned court below, though (Downloaded on 20/05/2025 at 09:52:13 PM) [2025:RJ-JD:24393] (2 of 2) [CRLMP-4132/2025] accepted the compromise to the extent of Section 406 IPC, but denied to compound the offence punishable under Section 498A IPC.
Learned counsel for the petitioner has placed reliance on the decision of Hon'ble the Supreme Court in the cases of Gian Singh Vs. State of Punjab & Anr. reported in (2012)10 SCC 303] and B.S. Joshi Vs. State of Haryana, reported in (2003)4 SCC 675. He therefore prayed that the impugned criminal proceedings pending against the petitioner may kindly be quashed.
Learned counsel for the complainant concurs the factum of compromise and submits that in view of the compromise, the complainant is not inclined to proceed further in the matter.
In view of the compromise arrived at between the parties and applying the ratio in decision of Gian Singh (Supra) and B.S. Joshi (supra), this Court deems it just and proper to invoke inherent powers under Section 528 of BNS.
Accordingly, the instant misc. petition is allowed. The impugned order dated 06.05.2025 passed by the learned Special Addl. Chief Judicial Magistrate (PCPNDT Act Cases), Jodhpur Metro in Criminal Regular Case No.105/2023 is hereby modified. All further proceedings of the Criminal Regular Case No.105/2023 against the petitioner pending in the court of learned Special Addl. Chief Judicial Magistrate (PCPNDT Act Cases), Jodhpur Metro are hereby quashed.
(KULDEEP MATHUR),J 57-Tikam/-
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