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Dinesh Mishra vs State Of Rajasthan on 23 September, 2019

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.

(Downloaded on 23/09/2019 at 08:54:47 PM)

(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/-

(Downloaded on 23/09/2019 at 08:54:47 PM)

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