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Judgments of Supreme Court of India and High Courts

Jeeshan Khan vs State Of Rajasthan on 3 October, 2019

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/-

(Downloaded on 03/10/2019 at 08:51:06 PM)

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