HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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.)
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
For Petitioner(s) : Mr. T.S. Champawat.
For Respondent(s) : Mr. Mahipal Bishnoi, PP.
Mr. Rameshwar Dave, for respondent
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
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
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
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
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