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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