HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5490/2019
Gaurav Jain S/o Pawan Kumar Jain, Aged About 34 Years, H.no.
5, Narendra Nagar, Icici Atm Ke Piche, Main Road, Sec. No. Ps
Hiranmagari, Udaipur.
—-Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Kusum Jain W/o Gaurav Jain, Aged About 31 Years, At
Present H.no. 23, Sarani Shahari Mandi Ki Nal Ps
Dhanmandi, District Udaipur.
—-Respondents
For Petitioner(s) : Mr. Dasrath Singh Rathore
For Respondent(s) : Ms. Anita Gehlot, pP
Mr. Umaid Singh Rathore
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
04/10/2019
The instant misc. petition under Section 482 Cr.P.C. has been
filed against the order dated 26.07.2019 passed by the learned
Additional Chief Judicial Magistrate No.2, Udaipur whereby the
learned Judge accepted the settlement application to the extent of
offence under Sections 406 IPC but refused to compound the
offence under Section 498A IPC on the basis of compromise.
Counsel for the petitioner submits that the petitioner and
respondent 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
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(2 of 2) [CRLMP-5490/2019]
26.07.2019 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 and respondent 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
26.07.2019 to the extent of refusing to compound the offence
under Section 498A IPC is liable to be set aside.
Accordingly, the order dated 26.07.2019 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
423-MS/-
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