Sunil Kumar vs State Of Rajasthan (2026:Rj-Jd:4682)
2026 Latest Caselaw 1157 Raj

Rajasthan High Court - Jodhpur

Sunil Kumar vs State Of Rajasthan (2026:Rj-Jd:4682) on 27 January, 2026

[2026:RJ-JD:4682]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 664/2026

Sunil Kumar S/o Dharmendra Bhai Shah, Aged About 35 Years,
R/o Icb Park G-301 Vande Matram City Gota District Ahmadabad
Gujrat
                                                                            ----Petitioner
                                         Versus
1.       State Of Rajasthan, Through Pp
2.       Smt Ankita Kothari W/o Sunil Kumar Shah, Aged About
         35 Years, R/o 79 G Hisar Magri Sector 14 Opp Holiday
         Home Near Ca Circle Udaipur.
                                                                      ----Respondents


For Petitioner(s)              :     Mr. Kalu Ram Bhati
For Respondent(s)              :     Mr. H.S. Jodha, PP
                                     Mr. Sawpan Chouhan



               HON'BLE MR.JUSTICE SANDEEP SHAH

Order

27/01/2026

1. The present petition has been filed for quashing of the FIR

No.215/2022 registered at Police Station Mahila Thana, Udaipur

and subsequent proceedings initiated in pursuance thereto.

2. Learned counsel for the petitioner submits that both the

parties have entered into a compromise and placed on record the

compromise dated 11.09.2025. He further submits that the same

was placed before the learned trial Court and based upon the

compromise, the offence under Section 406 IPC being

compoundable, the petitioner was discharged qua the same,

however, since the offence under Section 498A IPC was not

compoundable, the learned trial Court vide its order dated

11.09.2025 had denied disposal of the case based upon the

(Uploaded on 27/01/2026 at 07:22:35 PM)

[2026:RJ-JD:4682] (2 of 2) [CRLMP-664/2026]

compromise as far as the offence under Section 498A IPC is

concerned.

3. Learned counsel for the petitioner places reliance upon the

judgment passed by the Hon'ble Apex Court in the case of "Gian

Singh v. State of Punjab & Anr." (2012) 10 SCC 303 and

submits that there will be no purpose in continuing with the

proceeding as the parties have entered into a compromise and the

case in hand being the case of matrimonial dispute, the learned

trial Court should had closed the proceedings based upon the

compromise.

3. Learned counsel for the respondent endorses the fact of

compromise entered between the parties and submits that he has

got instructions to make a statement that the respondent No.2

does not wish to proceed further with the criminal case.

4. Considering the submissions made as well as taking

guidelines from the judgment passed by the Hon'ble Apex Court in

the case of Gian Singh (supra), the present petition is allowed.

The FIR No.215/2022 registered at Police Station Mahila Thana,

Udaipur and subsequent proceedings in Criminal Case

No.31185/2023 (State v. Sunil Kumar) pending before the

learned Additional Chief Judicial Magistrate No.2, Udaipur are

quashed and set aside.

5. All pending application(s) are also disposed of.

(SANDEEP SHAH),J 33-Love/-

(Uploaded on 27/01/2026 at 07:22:35 PM)

Powered by TCPDF (www.tcpdf.org)