Allowed

Ashish Soni S/O Shri Ashok Verma, v. State of Rajasthan

Rajasthan HC14 Feb 2025CRLMP/732/2025

Case brief

AI extract

What is this about?

The High Court quashed an FIR and consequential proceedings under the BNS in a matrimonial dispute, citing a settlement and reconciliation between the husband and wife, relying on Supreme Court precedents regarding inherent powers to quash such cases.

What did the court decide?

FIR No.151/2024 and all consequential proceedings were quashed and set aside in the interest of justice.

Ashish Soni S/O Shri Ashok Verma, Vs State of… — Matrimonial and Divorce | Rajasthan HC (2025)

¶1

[2025:RJ-JP:6645]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous (Petition) No. 732/2025

¶4

Ashish Soni S/o Shri Ashok Verma, R/o House No. 71, Raghuvihar, Maharani Farm, Durgapura, Jaipur.

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Public Prosecutor.

¶8

Monika Soni Wife Shri Ashish Soni, D/o Shri Damodarlal Soni, R/o House No. 71, Raghuvihar, Maharani Farm, Durgapura, Jaipur.

¶9

----Respondents

¶10

For Petitioner(s) : Mr. Sudhir Jain For Respondent(s) : Mr. Amit Punia, PP Mr. Parth Sharma, for complainant

¶11

HON'BLE MR. JUSTICE GANESH RAM MEENA

¶12

Order

¶13

14/02/2025

¶14

This criminal misc. petition is filed by the petitioner under Section 528 of B.N.S.S., 2023 for quashing the FIR No.151/2024 registered at Police Station Mahila Thana, Alwar for the offences punishable under Sections 85, 115(2), 126(2), 352 & 351(2) of BNS and all consequential proceedings.

¶15

Learned counsel for the petitioner as well as learned counsel appearing for the complainant submit that a compromise has arrived at between the parties and they have settled their dispute amicably, therefore the impugned FIR may be quashed and set aside.

¶16

Learned Public Prosecutor opposed the arguments and the prayer made on behalf of the petitioner.

¶17

(2 of 4) [CRLMP-732/2025]

¶18

[2025:RJ-JP:6645]

¶19

The parties are present before the Court and both parties have stated that they are now living together peaceful and happy married life.

¶20

Considered the submissions made at bar and perused the material available on record.

¶21

The Hon'ble Supreme Court in the case of B.S. Joshi & Ors. Vs. State of Haryana & Anr. (Criminal Appeal No.383/2003) arising out of SLP (Crl.) No.3416/2002,

¶22

decided on 13.03.2003, has observed as follows:-

¶23

“The special features in such matrimonial matters are evident. It becomes the duty of the Court to encourage genuine settlements of matrimonial disputes.

¶24

The observations made by this Court, though in a slightly different context, in G.V. Rao v. L.H.V. Prasad & Ors. [(2000) 3 SCC 693] are very apt for determining the approach required to be kept in view in matrimonial dispute by the courts, it was said that there has been an outburst of matrimonial disputes in recent times. Marriage is a sacred ceremony, the main purpose of which is to enable the young couple to settle down in life and live peacefully. But little matrimonial skirmishes suddenly erupt which often assume serious proportions resulting in commission of heinous crimes in which elders of the family are also involved with the result that those who could have counselled and brought about rapprochement are rendered helpless on their being arrayed as accused in the criminal case. There are many other reasons which need not be mentioned here for not encouraging matrimonial litigation so that the parties may ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law where it takes years and years to conclude and in that process the parties lose their "young" days in chasing their "cases" in different courts.

¶25

There is no doubt that the object of introducing Chapter XX-A containing Section 498A in the Indian

(3 of 4)

[2025:RJ-JP:6645]

[CRLMP-732/2025]

Penal Code was to prevent the torture to a woman by her husband or by relatives of her husband. Section 498A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hyper-technical view would be counter productive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XXA of Indian Penal Code. In view of the above discussion, we hold that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or affect the powers under Section 482 of the Code.”

¶30

In view of the fact of compromise arrived at between the parties, it would be a futile exercise to continue the criminal proceedings because ultimately now there are bleak chances of conviction in the matter.

¶31

As a result of aforesaid discussion, the FIR No.151/2024 registered at Police Station Mahila Thana, Alwar for the offences punishable under Sections 85, 115(2), 126(2), 352 & 351(2) of BNS and all consequential proceedings are required to be quashed ans set aside in the interest of justice and so also to relieve the trial Courts from excessive workload by putting an end to the proceedings of cases where it is felt that because of compromise between the parties now there are bleak chances of conviction.

¶32

Accordingly, the present criminal misc. petition is allowed. FIR No.151/2024 registered at Police Station Mahila Thana, Alwar for the offences punishable under Sections 85, 115(2), 126(2), 352 & 351(2) of BNS and all consequential proceedings, are hereby quashed and set aside.

(4 of 4)

[2025:RJ-JP:6645]

[CRLMP-732/2025]

Pending application, if any, also stands disposed of.

¶37

(GANESH RAM MEENA),J

¶38

GAURAV SRIVASTAVA /102

Ashish Soni S/O Shri Ashok Verma, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ashish Soni S/O Shri Ashok Verma, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Krishna Kumar Son of Shri Dataram, Vs State of Rajasthan

Mahesh Mittal S/O Musaddi Lal, Vs State of Rajasthan

Dr. Tavindar Kaur @ Sachi W/O Dr. Hariender Singh D/O Shri Surinder Singh Vs the State of Rajasthan

Jaikam Khan Son of Rujdar Khan, Vs State of Rajasthan

Farid S/O Abdulla Vs State of Rajasthan

Shrinivas S/O Ramswaroop, Vs State of Rajasthan