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Dhan Raj Dangi vs State Of Rajasthan on 16 December, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6542/2019

Dhan Raj Dangi S/o Late Shri Dalu Ji Dangi, Aged About 47
Years, R/o Jhallar Ki Ghati, Kanpur, P.s. Pratap Nagar, Udaipur.

—-Petitioner
Versus

1. State Of Rajasthan, Through Pp

2. Smt. Bhanwari Devi W/o Shri Dhanraj Dangi D/o Late Shri
Jetram Dangi, Aged About 46 Years, R/o Kanpur Kheda,
P.s. Pratap Nagar, Udaipur.

—-Respondents

For Petitioner(s) : Mr. Ram Singh Rawal
For Respondent(s) : Mr. Farzand Ali AAG with Mr. Sudheer
Tak PP
Mr. Praveen Bhati

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Order

16/12/2019

This instant criminal petition has been filed against the order

dated 17.12.2018 passed by the learned Addl. Chief Judicial

Magistrate No.1, Udaipur in Criminal Case No.15243/2014

whereby the learned Judge is proceeding against the petitioner for

offence under Section 498-A of 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 16/12/2019 at 08:52:18 PM)

(2 of 2) [CRLMP-6542/2019]

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.1, Udaipur in criminal case No.15243/2014

are quashed on the basis of aforesaid compromise.

Stay petition is also decided.

(MANOJ KUMAR GARG),J
151-Anshul/-

(Downloaded on 16/12/2019 at 08:52:18 PM)

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