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Amit Nagpal vs State Of Rajasthan on 13 February, 2020

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/-

(Downloaded on 13/02/2020 at 08:49:09 PM)

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