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Budha Ram vs State Of Rajasthan on 2 December, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6390/2019

Budha Ram S/o Sh. Baburam, Aged About 32 Years, B/c Vishnoi,
R/o Village Surpura Ps Mandore, Jodhpur.

—-Petitioner
Versus

1. State Of Rajasthan, Through Pp

2. Smt. Sheela W/o Sh. Budharam, D/o Omprakash, B/c
Vishnoi, R/o Surpura Ps Mandore Presently Guda
Vishnoiyan Ps Kudi Bhagtasani, Jodhpur.

—-Respondents

For Petitioner(s) : Mr. Ramniwas Bishnoi
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. Budha Ram Godara

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

02/12/2019

The instant criminal misc. petition has been filed by the

petitioner for quashing of FIR No.125/2019, PS Mahila Thana,

West, Jodhpur for offence under Sections 498A, Section406, Section423, Section325 IPC

on the basis of compromise arrived at between the parties.

Counsel for the parties submits that the petitioner and

respondent No.2 are husband and wife. They have entered into a

compromise in the spirit of Lok Adalat, therefore, it is prayed that

the impugned FIR lodged against the petitioner may be quashed.

Having considered the facts and circumstances of the case,

since the petitioner and respondent No.2 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.

(Downloaded on 02/12/2019 at 08:49:53 PM)
(2 of 2) [CRLMP-6390/2019]

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 impugned FIR

No.125/2019, PS Mahila Thana, West, Jodhpur for offence under

Sections 498A, Section406, Section423, Section325 IPC is liable to be quashed.

Accordingly, the impugned FIR No.125/2019, PS Mahila

Thana, West, Jodhpur for offence under Sections 498A, Section406, Section423,

Section325 IPC is hereby quashed on the basis of compromise arrived at

between the parties.

The misc. petition is disposed of accordingly.

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

(Downloaded on 02/12/2019 at 08:49:53 PM)

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