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Rajasthan High Court – Jodhpur

Jitendra Balesa vs State Of Rajasthan (2024:Rj-Jd:13246) on 20 March, 2024

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2024:RJ-JD:13246] (1 of 2) [CRLMP-1776/2024]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1776/2024

Dr. Jitendra Balesa S/o Shri Raju Ram Ji Balesa, Aged About 39
Years, R/o Residing At Makan No. 21, Roop Rajat Township Phase
2, Bhadu Market, Pal Road, Jodhpur.
—-Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Smt. Renuka W/o Dr. Jitendra Balesa, R/o B-57 Kehsav
Nagar Gali No. 3, Pal Road, Jodhpur.
—-Respondents

For Petitioner(s) : Mr. Dilip Singh Baghela.
For Respondent(s) : Mr. Mahipal Bishnoi, PP.
Mr. Priyanshu Gopa.

HON’BLE MR. JUSTICE KULDEEP MATHUR

Order

20/03/2024

The instant criminal misc. petition under Section 482 Cr.P.C.

has been filed by the petitioner seeking quashing of the order

dated 05.09.2023 passed by the learned Special ACMM (PCPNDT

Act Cases), Jodhpur Metropolitan, Jodhpur in Criminal Regular

Case No.123/2019 to the extent that the learned court below has

refused to compound the offence under Section 498A IPC.

Learned counsel for the petitioner submitted that the

petitioner and the complainant are husband and wife and they

have settled their disputes and have arrived at a compromise. The

said compromise was submitted before the learned court below by

filing an application under Section 320 Cr.P.C., however, the

learned court below, though accepted the compromise to the

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[2024:RJ-JD:13246] (2 of 2) [CRLMP-1776/2024]

extent of Sections 406 and 323 IPC, but denied to compound the

offence punishable under Section 498A IPC.

Learned counsel for the petitioner has placed reliance on the

decision of Hon’ble the Supreme Court in the cases of Gian Singh

Vs. State of Punjab Anr. reported in (2012)10 SCC 303]

and B.S. Joshi Vs. State of Haryana, reported in (2003)4

SCC 675. He therefore prayed that the impugned criminal

proceedings pending against the petitioner may kindly be

quashed.

Learned counsel for the complainant concurs the factum of

compromise and submits that in view of the compromise, the

complainant is not inclined to proceed further in the matter.

In view of the compromise arrived at between the parties

and applying the ratio in decision of Gian Singh (Supra) and

B.S. Joshi (supra), this Court deems it just and proper to invoke

inherent powers under Section 482 Cr.P.C.

Accordingly, the instant misc. petition is allowed. The

impugned order dated 05.09.2023 passed by the learned Special

ACMM (PCPNDT Act Cases), Jodhpur Metropolitan, Jodhpur in

Criminal Regular Case No.123/2019 is hereby modified. All further

proceedings of the Criminal Regular Case No.123/2019 against the

petitioner pending in the court of Special ACMM (PCPNDT Act

Cases), Jodhpur Metropolitan, Jodhpur, are hereby quashed.

(KULDEEP MATHUR),J
348-himanshu/-

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