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Jafar Ali vs State Of Rajasthan on 12 December, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1632/2019

1. Jafar Ali S/o Rasul Khan, Aged About 75 Years, B/c Kazi
Muslim, R/o Rol, P.s. Rol, District Nagaur, Rajasthan.
(Presently Lodged At Sub Jail Nagaur).

2. Sadik Ali S/o Jafar Ali, Aged About 25 Years, B/c Kazi
Muslim, R/o Rol, P.s. Rol, District Nagaur, Rajasthan.
(Presently Lodged At Sub Jail Nagaur).

3. Asia @ Rakhiya W/o Makbool, Aged About 27 Years, B/c
Kazi Muslim, R/o Rol, P.s. Rol, District Nagaur, Rajasthan.
(Presently Lodged At Sub Jail Nagaur).

—-Petitioners
Versus
State Of Rajasthan, Through P.p.

—-Respondent

For Petitioner(s) : Mr. Gulam Moinuddin
For Respondent(s) : Mr. Mahipal Bishnoi, PP
Mr. Kaushal Gautam, for complainant.

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Order

12/12/2019

This instant criminal revision petition has been filed against

the judgment dated 27.11.2019 passed by the learned Addl.

District Sessions Judge No.2, Nagaur whereby he uphold the

judgment dated 8.10.2015 passed by the learned Judicial

Magistrate First Division, Jayal, District Nagaur whereby the

petitioner was convicted for offence under Section 498-A IPC and

Section 4 of Dowry Prohibition Act, despite the fact that the

parties have entered into compromise.

The accused-petitioners 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

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(2 of 2) [CRLR-1632/2019]

criminal proceedings for offence under Section 498-A IPC and

Section 4 of Dowry Prohibition Act may be quashed.

Counsel for the petitioners submits that the petitioner No.2

and 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 petitioners 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 revision petition is allowed and the

criminal proceedings pending before the learned Addl. Sessions

Judge No.2, District Nagaur in criminal appeal No.64/2015

(46/2015) as well as learned Judicial Magistrate First Division,

Jayal, District Nagaur in criminal regular case No.300/2014

(139/13) are quashed on the basis of aforesaid compromise.

Stay petition is also disposed of accordingly.

(MANOJ KUMAR GARG),J
59-Ishan/-

(Downloaded on 13/12/2019 at 02:19:53 AM)

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