HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5085/2019
Amrit Lal Sen S/o Shri Ashok Kumar Sen, Aged About 29 Years,
By Caste Sen, R/o Village Bagri Nagar, Loharon Ka Bass, Teh.
Sojat, Dist. Pali (Raj.).
—-Petitioner
Versus
1. State Of Rajasthan
2. Smt. Guddi Devi W/o Sh. Amrit Lal Sen D/o Lt. Sh. Surja
Ram, aged about 27 years, B/c Sen R/o Village Keru Near
Old Krishi Mandi Teh. And Dist. Jodhpur (Raj.).
—-Respondents
For Petitioner(s) : Mr.Shyam Paliwal, Adv.
For Respondent(s) : Mr.Mahipal Bishnoi, PP
Mr.Amit Rathi, Adv.
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Order
24/09/2019
This criminal misc. petition under Section 482 Cr.P.C. has
been preferred for quashing of the order dated 09.09.2019 and
the criminal proceedings pending against the petitioner before the
court of Special Chief Metropolitan Magistrate (PCPNDT Act
Cases), Jodhpur Metropolitan in Criminal Case No.87/2015 for
offence under Sections 498-A, Section406 IPC. Learned Magistrate vide
order dated 09.09.2019 while partly allowing the application filed
by the parties refused to compound the offence under Section
498-A 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
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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
is prayed that the order dated 09.09.2019 may be quashed and
the offence under Section 498A IPC may also be compounded and
the criminal proceedings against the petitioner may be quashed.
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 09.09.2019
refusing to compound the offence under Section 498A IPC is liable
to be set aside.
Accordingly, the order dated 09.09.2019 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 Case No.87/2015 are hereby quashed.
The misc. petition is disposed of accordingly.
(MANOJ KUMAR GARG),J
323-NK/-
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