Jogeshwar Garg vs State Of Rajasthan (2025:Rj-Jd:32122) on 22 July, 2025

Rajasthan High Court – Jodhpur

Jogeshwar Garg vs State Of Rajasthan (2025:Rj-Jd:32122) on 22 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:32122]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR

                S.B. Criminal Misc(Pet.) No. 4553/2021

1.       Jogeshwar Garg S/o Sh. Fusaram Garg, Aged About 55
         Years, Ex-Mla, By Caste Garg, R/o 1 B 6, Jalupura, Mla
         Quarters, Jaipur City (North), Jaipur.
2.       Smt. Kamla W/o Sh. Jogeshwar Garg, Aged About 52
         Years, By Caste Garg, R/o 1 B 6, Jalupura, Mla Quarters,
         Jaipur City (North), Jaipur.
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through Sho, P.s. Mahila Thana, Dist.
         Jodhpur City West.
2.       Smt. Mamta @ Deepa Garg W/o Sh. Prakash Punj Garg,
         25, Gulab Nagar, Kheme Ka Kua, Jodhpur City West,
         Jodhpur.
                                                                 ----Respondents


For Petitioner(s)         :     Ms. Priyanka Borana
For Respondent(s)         :     Mr. Narendra Singh Chandawat, PP
                                Mr. Rahul Rajpurohit for complainant


            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

22/07/2025

1. Learned counsel for the parties jointly submitted that the

respondent No.2- Smt. Mamta @ Deepa Garg and her husband

Prakash Punj Garg have already been granted divorce decree

under Section 13B of Hindu Marriage Act by the learned Court

below.

2. Learned counsel for the petitioners submitted that the

present criminal misc. petition has been filed by the parents of

Prakash Punj Garg seeking quashing of the FIR lodged at the

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instance of the respondent No.2- Smt. Mamta @ Deepa Garg for

the offences under Sections 498-A, 406, 323 and 313 of IPC.

3. Learned counsel for the complainant submitted that since a

divorce decree has already been granted by the learned Court

below, the respondent No.2 does not want to pursue the

impugned FIR against petitioners.

4. Learned counsel for the petitioners and complainant jointly

submitted that parties have settled their disputes and have arrived

at a compromise. Thus, they prayed that the present criminal

misc. petition may be disposed of while quashing all the

proceedings arising out of FIR No.36/2020 registered at Mahila

Thana, Jodhpur City West.

5. Learned counsel for the petitioners has placed reliance on a

decision of The Hon’ble 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.

6. Learned counsel for the complainant concurs the factum of

compromise and submits that in view of the compromise, the

complainant is not inclined to further prosecute the petitioners.

7. In view of 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 BNSS.

8. Accordingly, the present misc. petition is allowed. The FIR

No.36/2020 registered at Mahila Thana, Jodhpur City West, for the

offences punishable under Sections 498-A, 406, 323 and 313 of

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IPC and all subsequent proceedings sought to be taken thereunder

against the petitioners, are quashed qua the petitioners.

9. All pending applications stand disposed of.

(KULDEEP MATHUR),J
203-divya/-

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