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Jagdish vs State Of Rajasthan on 28 May, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2742/2019

1. Jagdish S/o Sohanram, Aged About 29 Years, B/c Bhaat,
R/o Village Rampura, Tehsil Rohat, P.s. Rohat, Dist. Pali,
Rajasthan.

2. Sohanram S/o Khimaram, Aged About 48 Years, B/c
Bhaat, R/o Village Rampura, Teh. Rohat, P.s. Rohat, Dist.
Pali, Rajasthan.

3. Kanya Devi W/o Sohanram, Aged About 43 Years, B/c
Bhaat, R/o Village Rampura, Tehsil Rohat, P.s. Rohat, Dist.
Pali, Rajasthan.

—-Petitioners
Versus

1. State Of Rajasthan, Through Pp

2. Smt. Pooja W/o Jagdish D/o Budharam, Aged About 25
Years, B/c Bhaat, R/o Village Rampura, Teh. Rohat, P.s.
Rohat, Dist. Pali, Rajasthan.

—-Respondents

For Petitioner(s) : Mr. NS Rajpurohit
For Respondent(s) : Mr. Sudheer Tak PP
Mr. Suresh Kumar

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Order

28/05/2019

This instant criminal petition has been filed against the order

dated 02.02.2019 passed by the learned Special and Addl. Chief

Judicial Magistrate (P.C.P.N.D.T Act Cases), Jodhpur Metropolitan

in Regular Criminal Case No.933/2016 (223/15) whereby the

learned Judge is proceeding against the petitioners for offence

under Sections 498-A Section406 IPC despite the fact that the parties

have entered into compromise.

The accused-petitioners and the complainant are present in

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(2 of 2) [CRLMP-2742/2019]

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 Section406 IPC

may be quashed.

Counsel for the petitioners submits that the petitioner No.1

and respondent No.2/complainant are husband and wife. They

have entered into a compromise in the spirit of Lok Adalat.

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 Section406 are liable to be quashed.

Accordingly, the present misc. petition is allowed and the

criminal proceedings pending before the learned Special Addl.

Chief Judicial Magistrate, Jodhpur Metropolitan in regular criminal

case No.933/2016 (223/15) are quashed on the basis of aforesaid

compromise.

(MANOJ KUMAR GARG),J
166-Anshul/-

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