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Dinesh Singh Rathore vs State Of Rajasthan on 23 September, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4310/2019

1. Dinesh Singh Rathore S/o Shri Hem Singh, Aged About 27
Years, By Caste Rajput, R/o House No. 6-B/194, Basni
1St Phase, Jodhpur, District Jodhpur.

2. Hem Singh S/o Shri Devi Singh, Aged About 62 Years, By
Caste Rajput, R/o House No. 6-B/194, Basni 1St Phase,
Jodhpur, District Jodhpur.

3. Smt. Rasal Kanwar W/o Hem Singh, Aged About 58 Years,
By Caste Rajput, R/o House No. 6-B/194, Basni 1St
Phase, Jodhpur, District Jodhpur.

—-Petitioners
Versus

1. State Of Rajasthan, Through P.p.

2. Smt. Anita Kanwar D/o Shri Madan Singh W/o Dinesh
Singh Rathore, By Caste Ravna Rajput, Presently R/o Kuri
Bhagtasni, Police Station Kuri Bhagtasni, District Jodhpur.

—-Respondents

For Petitioner(s) : Mr. JVS Deora
For Respondent(s) : Mr. Mahipal Bishnoi PP
Mr. Vishal Sharma

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Order

23/09/2019

The instant misc. petition under Section 482 Cr.P.C. has been

filed by the petitioners for quashing of FIR No.124/2019,

registered at Women Police Station, District Jodhpur (City West)

whereby the learned Judge is proceeding against the petitioners

for offences under Sections 498-A, Section406, Section323, Section34, Section354, Section376/Section511,

Section494 Section120-B of IPC and despite the fact that the parties have

entered into compromise.

The accused-petitioners and the complainant are present in

(Downloaded on 23/09/2019 at 08:54:42 PM)
(2 of 2) [CRLMP-4310/2019]

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 offences under Sections 498-A, Section406, Section323,

Section34, Section354, Section376/Section511, Section494 Section120-B of IPC may be quashed.

Counsel for the petitioners submits that the petitioner No.1

and respondent No.2/complainant are husband and wife. They

have entered into a compromise in the spirit of Lok Adalat.

Having considered the facts and circumstances of the case,

since the petitioners and complainant 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 criminal proceedings for

offence under Section 498-A are liable to be quashed.

Accordingly, the present misc. petition is allowed and the

further proceedings pending before the Women Police Station,

Distt. Jodhpur (City West) of FIR No.124/2019 are quashed on the

basis of aforesaid compromise.

Stay petition is also decided.

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

(Downloaded on 23/09/2019 at 08:54:42 PM)

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