HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7396/2019
Kishore Kumar @ Kicchu S/o Harbansdas @ Nama, By Caste
Panjabi R/o Nagla Store Near Railway School Kasba Bayana,
Thana Bayana District Bharatpur.
—-Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Smt. Rekha W/o Kishore Kumar @ Kicchu D/o Late Pratap
Singh, Aged About 39 Years, By Caste Lawada Sikha, R/o
Near Khan Chand Factory, Choudah Mahadev Ki Gali,
Bharatpur Thana Mathura Gate District Bharatpur.
—-Respondents
For Petitioner(s) : Mr. J K Moolchandani
For Complainant(s) : Mr. Devanshu Sharma
For State : Mr. Arvind Kumar, PP
HON’BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
28/11/2019
1. Petitioner has preferred this Criminal Misc. Petition under
Section 482 Cr.P.C. seeking quashing of Criminal Case No.12/2017
pending before the Additional Judicial Magistrate First Grade No.1,
Bharatpur.
2. It is contended by counsel for the petitioner that petitioner
and the complainant are husband and wife. A compromise deed
was filed before the Court below. Court below has compounded
the offence under Section 406 I.P.C. but as offence under Section
498-A I.P.C. is non-compoundable, the same is not compounded.
It is also contended that parties are staying together as husband
and wife and have amicably settled the dispute.
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3. Complainant alongwith her counsel is present in person in
the Court, who has not disputed the fact of parties having entered
into a compromise and has no objection to the quashing of the
criminal case. She does not wish to proceed further in the criminal
case.
4. I have considered the contentions.
5. In view of the fact that parties have amicable settled the
dispute and are staying together, I deem it proper to allow the
Criminal Misc. Petition.
6. The Criminal Misc. Petition is, accordingly, allowed. Criminal
Case No.12/2017 pending before the Additional Judicial Magistrate
First Grade No.1, Bharatpur is quashed.
(PANKAJ BHANDARI),J
ARTI/AMIT/136
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