HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 628/2020
Amit Nagpal S/o Shri Safi Mohammed, Aged About 27 Years, By
Caste Sindhi, R/o 5 Shri Nath Nagar, Titaradi, Tehsil Girva,
District Udaipur (Raj.).
—-Petitioner
Versus
1. State Of Rajasthan
2. Smt. Puja Bhati W/o Shri Amit Nagpal D/o Shri Shanti Lal
Bhati, R/o 5-Janakpuri, Pratapnagar, Udaipur (Raj.).
—-Respondents
For Petitioner(s) : Mr.Shamboo Singh, Adv.
For Respondent(s) : Mr.Farzand Ali, AAG
Mr.Narendra Singh, Adv.
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Order
13/02/2020
The instant misc. petition under Section 482 Cr.P.C. has been
filed against the order dated 21.02.2019 passed by the learned
Special Additional Chief Judicial Magistrate (PCPNDT Act Cases),
Udaipur in Criminal Regular Case No.2470/2017, by which the
learned Magistrate refused to compound the offence under Section
498A IPC.
It is submitted by learned counsel for the parties that the
petitioner and respondent No.2-complainant are husband and
wife. They have entered into a compromise in the spirit of Lok
Adalat. The copy of compromise has been produced before the
trial court but the trial court has refused to compound the offence
under Section 498A IPC on the basis of compromise, therefore, it
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(2 of 2) [CRLMP-628/2020]
is prayed that the order dated 21.02.2019 may be quashed and
the offence under Section 498A IPC may also be compounded and
the criminal proceedings against the petitioner may be quashed.
Learned counsel for the respondent No.2 has admitted that
the parties have already entered into compromise and resolved
their dispute amicably and the respondent No.2 does not want to
press the charges levelled against the petitioner in relation to
offences punishable under Sections 498-A IPC.
Having considered the facts and circumstances of the case,
since the petitioner 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 order dated 21.02.2019
passed by the learned Special Additional Chief Judicial Magistrate
(PCPNDT Act Cases), Udaipur refusing to compound the offence
under Section 498A IPC is liable to be set aside.
Accordingly, the order dated 21.02.2019 passed by the trial
court refusing to compound the offence under Section 498A IPC is
hereby set aside on the basis of the compromise arrived at
between the parties and the offence under Section 498A IPC is
compounded. The criminal proceedings pending against the
petitioner in Criminal Regular Case No.2470/2017 are hereby
quashed.
The misc. petition is disposed of accordingly. Stay petition
also decided accordingly.
(MANOJ KUMAR GARG),J
219-NK/-
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