HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5351/2019
Jeeshan Khan S/o Shri Ayub Khan, Aged About 26 Years, B/c
Muslim, R/o Behind Kalka Mata Road, Ganesh Nagar Pahada,
Udaipur, Rajasthan.
—-Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Smt. Saniya Khan D/o Rashid Khan, Aged About 24 Years,
B/c Muslim, R/o Behind Kalka Road, Ganesh Nagar
Pahada, Udaipur, Rajasthan.
—-Respondents
For Petitioner(s) : Mr. Love Jain
For Respondent(s) : Mr. Mukhtiyar Khan, PP
Mr. Abdul Ayaz, for respondent No.2.
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Order
03/10/2019
This instant criminal misc. petition has been filed against the
order dated 05.09.2019 passed by the learned Judicial Magistrate
No.1, Udaipur City (South) District Udaipur, whereby the learned
Judge has allowed the application of parties for compounding the
offence under Section 323 IPC only but kept the trial pending to
the extent of 498-A SectionIPC despite the fact that the parties have
entered into compromise.
The accused-petitioner 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
criminal proceedings for offence under Sections 498-A of IPC may
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(2 of 2) [CRLMP-5351/2019]
be quashed.
Counsel for the petitioner submits that the petitioner 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 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 misc. petition is allowed and the
criminal proceedings pending before the learned Judicial
Magistrate No.1, Udaipur City (South), District Udaipur in criminal
case No.6350/2019 are quashed on the basis of aforesaid
compromise.
Stay petition is also disposed of accordingly.
(MANOJ KUMAR GARG),J
206-Ishan/-
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