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Devendra Pratap Verma vs State Of Rajasthan on 6 May, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2243/2019

Devendra Pratap Verma S/o Shri Anandilal Ji Verma, Aged About
48 Years, R/o 73, Technocrat Society, Bedla Road, Udaipur

—-Petitioner
Versus

1. State Of Rajasthan, Through Pp

2. Smt. Manushi Verma W/o Sh. Devenra Pratap Verma,
Aged About 41 Years, R/o 73 Technocrat Society , Bedla
Road, Udaipur

—-Respondents

For Petitioner(s) : Mr. Deepak Menaria.
For Respondent(s) : Mr. Mahipal Bishnoi, PP.

Mr. Abdul Ayaz, for respondent No.2.

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Order

06/05/2019

This instant criminal petition has been filed against the order

dated 28.03.2019 passed by the learned Addl. Chief Judicial

Magistrate No.2, Udaipur whereby the learned Judge is proceeding

against the petitioner for offence under Section 498-A IPC despite

the fact that the parties have entered into compromise.

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

criminal proceedings for offence under Section 498-A may be

quashed.

(Downloaded on 28/06/2019 at 01:51:34 AM)

(2 of 2) [CRLMP-2243/2019]

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 learned Addl. Chief

Judicial Magistrate No.2, Udaipur in criminal case No.20162/2015

are quashed on the basis of aforesaid compromise.

Stay petition is also disposed of accordingly.

(MANOJ KUMAR GARG),J
255-Ishan/-

(Downloaded on 28/06/2019 at 01:51:34 AM)

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