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Gaurav Jain vs State Of Rajasthan on 4 October, 2019

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

(Downloaded on 04/10/2019 at 08:48:57 PM)
(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/-

(Downloaded on 04/10/2019 at 08:48:57 PM)

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