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Abhimanyu Singh Deora vs State Of Rajasthan on 21 October, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5625/2019

Abhimanyu Singh Deora S/o Sh. Gajendra Singh Deora, Aged
About 28 Years, Resident Of 57, Surya Estate, Sector-11,
Udaipur.

—-Petitioner
Versus

1. State Of Rajasthan, Through Pp

2. Swaroop Kanwar @ Bhanwar Kanwar W/o Abhimanyu
Singh Deora D/o Sh. Govind Karan Rathore, R/o Jhanwar
House, 79, Hanwant-B, B.j.s. Colony, Jodhpur.

—-Respondents

For Petitioner(s) : Mr. Vinod Sharma
For Respondent(s) : Mr. Muktiyar Khan PP
Mr. Dharmendra Surana

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Order

21/10/2019

The instant misc. petition under Section 482 Cr.P.C. has been

filed by the petitioner for quashing of criminal proceedins in

Criminal Case No.14027/2018, pending before the Learned

Metropolitan Magistrate No.2, Jodhpur for offences under Sections

498-A of IPC and despite the fact that the parties have entered

into compromise.

The accused-petitioner and the complainant are present in

Court. They have moved a joint compromise application in which it

has been stated that the compromise has arrived at between them

and they have settled their dispute amicably, therefore, the

criminal proceedings for offences under Sections 498-A of IPC may

be quashed.

(Downloaded on 21/10/2019 at 09:07:49 PM)

(2 of 2) [CRLMP-5625/2019]

Counsel for the petitioner submits that the petitioner and

respondent No.2/complainant are husband and wife. They have

entered into a compromise in the spirit of Lok Adalat.

Having considered the facts and circumstances of the case,

since the petitioners and complainant have arrived at compromise

and settled their dispute and in the view of the law laid down by

the Hon’ble Apex court in the case of B.S. Joshi Vs. State of

Haryana, reported in 2003 (4) SCC p.675 in which it has been

held that the proceedings under Section 498A IPC can be quashed

because it is the matrimonial matter, the criminal proceedings for

offence under Section 498-A are liable to be quashed.

Accordingly, the present misc. petition is allowed and the

further proceedings pending before the Learned Metropolitan

Magistrate No.2, Jodhpur in Criminal Case No.14027/2018 are

quashed on the basis of aforesaid compromise.

Stay petition is also decided.

(MANOJ KUMAR GARG),J
215-Anshul/-

(Downloaded on 21/10/2019 at 09:07:49 PM)

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