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Bharat Puri vs State Of Rajasthan on 21 November, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5925/2019

1. Bharat Puri S/o Shri Rawat Puri, Aged About 36 Years,

2. Rawat Puri S/o Shri Moti Puri, Aged About 70 Years,

3. Smt. Sewa Kanwar W/o Shri Rawat Puri, Aged About 60
Years,
Petitioner Nos. 1 to 3 are by Caste Goswami, R/o Plot No.
4, Bhagwati Colony, Near Apex School, Ward No. 43,
Jodhpur Metropolitan.

4. Bharat S/o Shri Kishan Giri, Aged About 36 Years, By
Caste Goswami, R/o Gandhi Colony, New Pali Road,
Bhagat Ki Kothi, Jodhpur.

5. Smt. Kiran Goswami W/o Shri Purshottam Puri, Aged
About 40 Years,

6. Purshottam Puri S/o Shri Rameshwar Puri, Aged About 45
Years,
Both By Caste Goswami, R/o 2/77, D.d.p. Nagar Basni,
District Jodhpur.

7. Smt. Saroj W/o Shri Arvind Giri, Aged About 38 Years, By
Caste Goswami, R/o Vidhya Nagar, Mahamandir, Jodhpur.

—-Petitioners
Versus

1. State Of Rajasthan, Through P.p.

2. Smt. Suman W/o Shri Bharat Puri D/o Shri Babu Giri, By
Caste Goswami, R/o Plot No. 6, Vidhya Nagar,
Mahamandir, District Jodhpur Metropolitan.

—-Respondents

For Petitioner(s) : Mr. VS Choudhary
For Respondent(s) : Mr. Farzand Ali, AAG assisted by
Ms. Rajlaxmi Singh Choudhary, PP
Mr. Dilip Singh Baghela

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

21/11/2019

The instant criminal misc. petition has been filed by the

petitioners against the order dated 21.09.2019 passed by the

learned Metropolitan Magistrate No.2, Jodhpur Metropolitan,

(Downloaded on 21/11/2019 at 08:58:23 PM)
(2 of 2) [CRLMP-5925/2019]

whereby the learned Judge while granting permission for

compounding the offence under Sections 406, Section323 IPC, declined to

compound the offence under Section 498-A IPC as well as for

quashing the entire proceedings pending against the petitioners.

Counsel for the parties submit that the petitioner No.1 and

respondent No.2/complainant are husband and wife. They have

entered into a compromise in the spirit of Lok Adalat and settled

their dispute amicably, therefore, the criminal proceedings

pending against the petitioners for offence under Sections 498-A

of IPC may be quashed.

Having considered the facts and circumstances of the case,

since the petitioners 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 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 learned Metropolitan

Magistrate No.2, Jodhpur Metropolitan in Criminal Regular Case

No.16/2019 are quashed on the basis of compromise arrived at

between the parties.

Stay petition is also disposed of accordingly.

(MANOJ KUMAR GARG),J
122-MS/-

(Downloaded on 21/11/2019 at 08:58:23 PM)

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