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Gangadhar Sharma vs State Of Rajasthan on 13 December, 2019

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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