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Davendra Kumar Ojha vs State Of Rajasthan on 15 March, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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.

—-Petitioner
Versus

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.

—-Respondents

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

15/03/2019

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

quashed.

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
266-MS/-

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