HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5753/2019
Gangadhar Sharma S/o Sh. Mohan Lal, Aged About 29 Years, B/c
Brahmin, R/o Ward No.32, Ratangarh, District Churu (Rajasthan)
—-Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Archna W/o Sh. Gangadhar Sharma D/o Shri
Omprakash, By Caste Brahmin Indoriya, Resident Of
Village- Gaurisar, Tehsil Ratangarh District Churu
(Rajasthan).
—-Respondents
For Petitioner(s) : Mr. Deendayal Chitlangi
For Respondent(s) : Mr. Mukhtiyar Khan, PP
Mr. Vikram Singh, for respondent
No.2.
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Order
13/12/2019
This instant criminal petition has been filed against the order
dated 12.09.2019 passed by the learned Civil Judge (S.D.) Addl.
Chief Judicial Magistrate, Ratangarh, Churu whereby the learned
Judge is proceeding against the petitioner for offence under
Section 498-A 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
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(2 of 2) [CRLMP-5753/2019]
quashed.
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 Civil Judge (S.D.)
Addl. Chief Judicial Magistrate, Ratangarh, Churu in criminal
case No.56/2017 are quashed on the basis of aforesaid
compromise.
Stay petition is also disposed of accordingly.
(MANOJ KUMAR GARG),J
60-Ishan/-
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