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Devi Lal vs State on 18 December, 2017

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
__
For Petitioner(s) : Mr. JVS Deora
For Respondent(s) : Mr. OP Rathi, PP
Mr. GS Bhati
__
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

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