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.
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(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/-
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