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Arun Bhardwaj vs State Of Rajasthan on 15 March, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1422/2019

Arun Bhardwaj S/o Kanhaiyalal, Aged About 32 Years, By Caste
Shrimali, Resident Of Ranakpur Road, Hanuman Colony, Sadri,
District Pali (Raj.)

—-Petitioner
Versus

1. State Of Rajasthan, Through Pp

2. Rinni W/o Arun Bhardwaj D/o Ganpatlal Dave, By Caste
Shrimali, Resident Of Ranakpur Road, Hanuman Mandir
Gali, Shiv Mandir Ke Pas, Sadri, Tehsil Sadri, District Pali,
Presently Residing At Ajay Chowk, Bagar, P.s. Sadar
Kotwali Jodhpur.

—-Respondents

For Petitioner(s) : Mr. T.S. Champawat.
For Respondent(s) : Mr. Mahipal Bishnoi, PP.

Mr. Rameshwar Dave, for respondent
No.2.

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Order

15/03/2019

This instant criminal petition has been filed against the order

dated 16.02.2019 passed by the learned Civil Judge Judicial

Magistrate, Jodhpur whereby the learned Judge partly allowed the

application for compounding the offence under Section 406 IPC

but rejected the prayer of compounding the offence under Section

498-A IPC.

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
(2 of 2) [CRLMP-1422/2019]

criminal proceedings for offence under Section 498-A may be

quashed.

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 and now they

are living together happily.

Having considered the facts and circumstances of the case,

since the petitioner and complainant have arrived at compromise

and settled their dispute and presently they are living together

happily as husband and wife 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

criminal proceedings pending before the court of Civil Judge and

Judicial Magistrate, Jodhpur in criminal original case No.134/2016

(122/2017) are quashed on the basis of aforesaid compromise.

Stay petition is also disposed of accordingly.

(MANOJ KUMAR GARG),J
136-Ishan/-

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