HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision No. 947 / 2008
Devi Lal son of Shri Lachhi Ram, by caste Salvi, resident of
Vagatpura, Police Station Diver, District Rajsamand.
—-Petitioner
Versus
State of Rajasthan
—-Respondent
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For Petitioner(s) : Mr. JVS Deora
For Respondent(s) : Mr. OP Rathi, PP
Mr. GS Bhati
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HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Order
18/12/2017
This revision petition has been filed against the judgment
dated 01.09.2008 passed by the Sessions Judge, Rajsamand
whereby the learned Judge dismissed the appeal and affirmed the
judgment dated 06.10.2007 passed by the learned Chief Judicial
Magistrate, Rajsamand whereby the learned Magistrate convicted
the petitioner for offence under Section 498A IPC and sentenced
him for a period of six months simple imprisonment with a fine of
Rs.5,000/- and in default of payment of fine, further undergo one
month simple imprisonment.
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
sentence of imprisonment awarded to the petitioner may be set
(2 of 2)
[CRLR-947/2008]
aside.
Counsel for the petitioner submits that the petitioner and
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 sentence awarded to the
petitioner for offence under Section 498A IPC is liable to be set
aside.
Accordingly, the conviction and sentence of imprisonment
awarded to the petitioner for offence under Section 498A IPC vide
judgments dated 01.09.2008 and 06.10.2007 is hereby set aside
on the basis of the aforesaid compromise.
The application No.1636/2017 and the revision petition are
disposed of accordingly.
(MANOJ KUMAR GARG)J.
Ms/-114