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Amrit Lal Sen vs State Of Rajasthan on 24 September, 2019

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

(Downloaded on 25/09/2019 at 08:45:50 PM)
(2 of 2) [CRLMP-5085/2019]

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/-

(Downloaded on 25/09/2019 at 08:45:50 PM)

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