HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5102/2019
1. Dinesh Mishra S/o Shri Pritam Mishra, Aged About 32
Years, R/o 23-C-69 Chb, Jodhpur, Rajasthan.
2. Smt. Indu Mishra W/o Shri Dinesh Mishra D/o Shri Nand
Ji Pandey, Aged About 36 Years, At Present R/o 23-691
Chb, Jodhpur, Rajasthan.
3. Shri Pritam Mishra S/o Shri Bhawani Shankar Mishra,
Aged About 62 Years, R/o 23-C-69 Chb, Jodhpur,
Rajasthan.
4. Smt. Pushpa Mishra W/o Shri Pritam Mishra, Aged About
60 Years, R/o 23-C-69 Chb, Jodhpur, Rajasthan.
5. Shri Kulbhushan Mishra S/o Shri Pritam Mishra, Aged
About 28 Years, R/o 23-C-69 Chb, Jodhpur, Rajasthan.
—-Petitioners
Versus
State Of Rajasthan, Through Pp
—-Respondent
For Petitioner(s) : Mr. Naval Kishore Soni
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
23/09/2019
The instant misc. petition under Section 482 Cr.P.C. has been
filed against the order dated 01.03.2019 passed by the learned
Upper Chief Judge Metropolitan Magistrate No.6, Jodhpur Metro
whereby the learned Judge accepted the settlement application to
the extent of offence under Sections 323, Section406 IPC but refused to
compound the offence under Section 498A IPC on the basis of
compromise.
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(2 of 2) [CRLMP-5102/2019]
Counsel for the petitioners submits that the petitioner No.1
and No.2 are husband and wife. They have entered into a
compromise in the spirit of Lok Adalat. The copy of compromise
has been produced before the trial court but the trial court has
refused to compound the offence under Section 498A IPC on the
basis of compromise, therefore, it is prayed that the order dated
01.03.2019 may be quashed and set aside to the extent of
refusing to compound the offence under Section 498A IPC.
Having considered the facts and circumstances of the case,
since the petitioner No.1 No.2 have arrived at compromise and
settled their dispute 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 order dated 01.03.2019 to the extent
of refusing to compound the offence under Section 498A IPC is
liable to be set aside.
Accordingly, the order dated 01.03.2019 passed by the trial
court to the extent of refusing to compound the offence under
Section 498A IPC is hereby set aside on the basis of the
compromise arrived at between the parties and the offence under
Section 498A IPC is hereby compounded.
The misc. petition is disposed of accordingly. Stay petition
also decided accordingly.
(MANOJ KUMAR GARG),J
372-MS/-
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