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[2026:RJ-JP:30385]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5021/2019 CNR: RJHC020687522019 | URN: CRLMP / 9268U / 2019 Anoop Gautam S/o Shri Pranveer Gautam, Aged About 37 Years, R/o House No.8/49E/10 C, Koshalpur, Police Station New Agra, District Agra. ----Petitioner Versus

1. State Of Rajasthan, Through Pp.

2. Smt. Pinki Gautam D/o Mukesh Kumar Gautam, Aged About 33 Years, R/o 4, Ramnagar Colony, N.e.v. Behind Housing Board, Alwar, Raj.

----Respondents For Petitioner(s) : Mr. Ajay Sharma Mr. Bhagat Singh Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

04/08/2026

1. Instant criminal misc. petition is filed by petitioner-accused Anoop Gautam to quash criminal case no. 52/2019 for offense under Sections 498A and 406 of IPC pending before learned Judicial Magistrate No. 4, Alwar arising out of FIR No. 362/2018 registered at Police Station Mahila Thana, Alwar, for offence under Sections 498-A and 406 IPC.

2. Learned counsel for petitioner while referring the divorce decree dated 10.11.2021 passed by the Family Court, Agra has submitted that the present petitioner who performed a marriage with non-applicant No. 2, Pinky Gautam, on 20.06.2014 has filed an application under Section 13 of Hindu Marriage Act and Family Court has granted decree of divorce in favor of present petitioner. He further referred judgment in case of Achin Gupta Vs. State of Haryana and Anr., reported in 2024 INSC 369, and submitted that the allegations in FIR are vague, and no instance of criminal conduct are mentioned in the report, therefore, the FIR is liable for quashing. He also submitted that now parties are residing separately and non-applicant is also working at other place, and the criminal proceeding is just an abuse of process of law.

3. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted report received from P.S. Mahila Thana, District Alwar.

4. None present for non-applicant No. 2 despite filing of Vakalatnama on behalf of non-applicant No. 2 after service of notice.

5. The marriage between present petitioner and non-applicant no. 2 were solemnized on 20.06.2014 at Alwar. The non- applicant no.2 has filed a criminal complaint before learned Judicial Magistrate no. 4, Alwar, which was sent to police for registration of FIR under Section 156(3) of Cr.P.C. and on basis of complaint, FIR no. 362 of 2018 dated 20.12.2018 was registered under Section 498-A and 406 IPC at PS Mahila Thana, District Alwar. A report is received from police indicate that after investigation, police has filed a charge sheet against present petitioner under Sections 498-A and

406 IPC on 08-05-2019.

6. The petitioner has filed a matrimonial case under Section 13 of Hindu Marriage Act in the Family Court, Agra, and learned Additional Principal Judge, Family Court no. 3 at Agra has allowed Matrimonial Case no. 2422/2018 on 10-11-2021 and passed a decree of divorce. The decree has been passed after filing of charge sheet in current case. Learned counsel for the petitioner has pointed out that after filing of a divorce petition and receipt of notice, current FIR has been lodged. We have considered the fact that the complaint has been filed on 10-12-2018 and FIR has been registered on 17-12- 2018 whereas the divorce case has been filed in the month of November 2018.

7. In case of Achin Gupta Vs. State of Haryana and Anr (supa), Hon'ble Supreme Court has considered quashing of proceeding primarily on the ground that the allegations in FIR are vague and no specific instances of criminal conduct are mentioned. The counsel has specifically highlighted following paragraphs from the judgment:

"The main thrust of the arguments raised by counsel for the petitioner is that the complainant had never been interested in living in the matrimonial home and she kept on pressurizing the petitioner for living separately from his family members. In