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.
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(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/-
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