Disposed¶25

Budhiprakash Gurjar v. State of Raj and Ors.

Rajasthan HC7 Mar 2026CRLMP/729/2018

Case brief

AI extract

What is this about?

FIR quashing petition disposed of, not quashed; FIR No.73/2018, P.S. Kotwali, Sawai Madhopur; Sections 363 and 366 IPC; prosecutrix affidavit; 'Nata' marriage after husband's death; liberty to file application before Trial Court; Trial Court to decide compromise application expeditiously if trial pending; stay application disposed; Rajasthan High Court Jaipur; Justice Anoop Kumar Dhand; dated 07/03/2026; CRLMP-729/2018; [2026:RJ-JP:9850].

What did the court decide?

Liberty to the parties to file an appropriate application before the Trial Court; the stay application and all pending applications were also disposed of. ¶25

Budhiprakash Gurjar Vs State of Raj and Ors. — Rajasthan HC (2026) — LawSathi Research

¶1

[2026:RJ-JP:9850]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous (Petition) No.729/2018

¶4

Budhiprakash Gurjar, S/o- Lachhya, R/o- Gurjar Basti, Dhoonda, Jatwara Kalan, Sawai Madhopur, Rajasthan.

¶5

----Petitioner

¶6

Versus

¶7

State of Rajasthan Through PP

¶8

S.P. Sawai Madhopur.

¶9

Station House Officer, Police Station Kotwali, District Sawai Madhopur.

¶10

Benhiprasad, S/o- Ramniwas, R/o Nimali Khurd, P.S. Kotwali, District Sawai Madhopur.

¶11

Dwarka, D/o Sarwan, W/o- Late Budhiprakash Gurjar, R/o Modiya Ki Dhani, Tehsil And District Sawai Madhopur.

¶12

----Respondents

¶13

For Petitioner(s) : None present For Respondent(s) : Mr. N.S.Dhakar, PP Mr. Vivek Choudhary, PP and Ms. Manju Dave, PP

¶14

JUSTICE ANOOP KUMAR DHAND

¶15

Order

¶16

07/03/2026

¶17

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.

¶18

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]

[CRLMP-729/2018]

(2 of 2)

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.

¶23

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.

¶24

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.

¶25

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.

¶26

(ANOOP KUMAR DHAND),J

¶27

KuD/4

Budhiprakash Gurjar v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Budhiprakash Gurjar v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

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What the court decided

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