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Gaurav Jain vs State Of Rajasthan on 19 December, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6813/2019

Gaurav Jain S/o Shri Kalyanji, Aged About 26 Years, By Caste
Jain, R/o Goliyo Ki Pole, Kapda Bazar, Jodhpur.

—-Petitioner
Versus

1. State Of Rajasthan

2. Smt. Priyanka W/o Gaurav D/o Shri Mangi Lal, By Caste
Jain, Resident Of Goliyo Ki Pole, Kapda Bazar, Jodhpur.

—-Respondents

For Petitioner(s) : Mr.Ravindra Acharya, Adv.
For Respondent(s) : Mrs.Rajlaxmi Singh Choudhary, PP
Mr.O.P.Sangwa, Adv.

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Order

19/12/2019

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

filed against the order dated 25.11.2019 passed by the learned

Metropolitan Magistrate, Jodhpur Metropolitan in Criminal Case

No.15/2017, by which the learned Magistrate while allowing the

parties to compound the offence under Section 406 IPC refused to

compound the offence under Section 498A IPC.

It is submitted by learned counsel for the parties that the

petitioner and respondent No.2-complainant 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 25.11.2019 may be quashed and

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(2 of 2) [CRLMP-6813/2019]

the offence under Section 498A IPC may also be compounded and

the criminal proceedings against the petitioner may be quashed.

Learned counsel for the respondent No.2 has admitted that

the parties have already entered into compromise and resolved

their dispute amicably and the respondent No.2 does not want to

press the charges levelled against the petitioner) in relation to

offences punishable under Sections 498-A IPC.

Having considered the facts and circumstances of the case,

since the petitioner 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 order dated 25.11.2019

refusing to compound the offence under Section 498A IPC is liable

to be set aside.

Accordingly, the order dated 25.11.2019 passed by the trial

court 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

compounded. The criminal proceedings in Criminal Case

No15/2017 pending against the petitioner before the court of

Metropolitan Magistrate, Jodhpur Metropolitan are hereby

quashed.

The misc. petition is disposed of accordingly. Stay petition

also decided accordingly.

(MANOJ KUMAR GARG),J

92-NK/-

(Downloaded on 19/12/2019 at 09:10:01 PM)

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