HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 846/2019
Davendra Kumar Ojha S/o Lt. Sh. Shankarlal Ji Ojha, Aged About
51 Years, By Caste Shrimali Brahmin, R/o Inside Bhutanadi
Chand Pole, Jodhpur.
1. State Of Rajasthan, Through Pp
2. Smt. Nirmala W/o Sh. Devendra Ojha D/o Sh. Devraj Ji
Dave, B/c Shrimali Brahmin, R/o Makka Ki Gali Hajari
Chabutara Brahmpuri, Jodhpur.
For Petitioner(s) : Mr. Ramsukh Sharma
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. SK Mathur
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
This instant criminal petition has been filed by the petitioner
for quashment of criminal proceedings pending before the
Metropolitan Magistrate No.2, Jodhpur Metropolitan on the basis of
compromise arrived at between the parties.
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 they
have settled their dispute amicably, therefore, the criminal
proceedings for offence under Sections 498-A 406 IPC may be
Learned counsel for the respondent No.2-Complainant
(2 of 2) [CRLMP-846/2019]
concurs the fact of compromise.
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 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 Metropolitan
Magistrate No.2, Jodhpur Metropolitan in Original Case
No.149/2014 for offences under Sections 498A and 406 IPC are
quashed on the basis of compromise between the parties.
(MANOJ KUMAR GARG),J
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