Allowed

Narendra Chhipa S/O Parasmal Chhipa v. State of Rajasthan

Rajasthan HC13 Jan 2025CRLMP/7539/2019

Case brief

AI extract

What is this about?

Matrimonial dispute under Sections 498-A and 406 IPC was amicably settled; parties obtained divorce by mutual consent. On the complainant's statement that she did not wish to prosecute, the High Court applied Gian Singh and Laxmi Narayan and invoked Section 528 BNSS to quash the FIR.

What did the court decide?

FIR No. 332/2019 under Sections 498-A & 406 IPC quashed.

Narendra Chhipa S/O Parasmal Chhipa Vs State of Rajasthan — Dowry and Cruelty | Rajasthan HC (2025)

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[2025:RJ-JP:2023]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 7539/2019

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Narendra Chhipa S/o Parasmal Chhipa, R/o 6/u/1170 Kudi Bhagtasani Housing Board, Jodhpur. (Presently R/o Dubai)

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----Petitioner

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	Versus
1.	State of Rajasthan, Through SHO Police Station Mahila Thana,Kota City,District Kota.
2.	Manisha Chhipa W/o Narendra Chhipa, D/o Shri
	Nandkishore Nama, Aged About 39 Years, R/o 4-F-5,
	Mahaveer Nagar 3Rd,Kota,Raj.

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----Respondents

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For Petitioner(s)	: Dr. Mahesh Sharma with Ms. Harshit Sharma
For Respondent(s)	: Mr. Jitendra Singh Rathore, PP
	Mr. Lokesh Kumar Sharma
	Mr. Anjum Parveen

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JUSTICE ANOOP KUMAR DHAND Order

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15/01/2025

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The parties have put in appearance in person and they have been duly identified by their respective counsel.

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Matter comes up on an interim application submitted by the parties for quashing of the FIR No. 332/2019 registered with the Police Station Mahila Thana, Kota City, District Kota for the offence under Sections 498-A & 406 of IPC.

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It is stated that during pendency of this misc petition, the parties have settled their disputes amicably and on the basis of the said settlement an application under Section 13B of the Hindu Marriage Act, 1955, was submitted before the Family Court No.1, Kota and the same has been allowed on 09.01.2025 and the marriage of the parties has been dissolved on the basis of the compromise decree dated 09.01.2025.

[2025:RJ-JP:2023]

[CRLMP-7539/2019]

(2 of 2)

Counsel submits that now the complainant does not want to prosecute the petitioner-husband, therefore, the FIR as well as the proceedings arising out of the same be quashed.

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Learned counsel for the parties placed reliance upon the judgments passed by the Apex Court in the case 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 .

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Heard and considered the submissions made at Bar and perused the material available on the record. 7. In view of the compromise arrived at between the parties and looking to the fact that the parties have amicably settled the dispute and now the complainant does not want to prosecute the petitioner-husband and the alleged offence is an offence of personal nature and also applying the principles laid down by the Apex Court in the case of Gian Singh (supra) and Laxmi Narayan (supra), this Court deems it just and proper to invoke inherent powers of this Court contained under Section 528 BNSS. 8. In view of the aforementioned statement made by the counsel for the parties as well as the complainant, the instant criminal misc. petition stands allowed and the FIR bearing No.332/2019 registered with the Police Station Mahila Thana, Kota City, District Kota for the offence under Sections 498A & 406 stands quashed.

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The stay application and all pending applications, if any, stand disposed of.

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(ANOOP KUMAR DHAND),J

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GARIMA /242

Narendra Chhipa S/O Parasmal Chhipa v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Narendra Chhipa S/O Parasmal Chhipa v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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