HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4603/2019
1. Kamlesh Sachhanandani S/o Puroshotam Das, Aged
About 34 Years,
2. Puroshotam Das S/o Lt. Gunomalji, Aged About 77 Years,
3. Smt. Mohini Devi W/o Puroshotam Das, Aged About 54
Years,
All by caste Sindhi, R/o 3-B-14, Chopasani Housing
Board, Jodhpur.
—-Petitioners
Versus
1. State Of Rajasthan
2. Neha D/o Deepak Gupta W/o Kamlesh Sachhanandani, By
Caste Sachhanandani, R/o 367 A, Vaishanv Nagar, B.r.
Birla Public School, Jodhpur (Rajasthan).
—-Respondents
For Petitioner(s) : Mr.Mahesh Khyani, Adv.
For Respondent(s) : Mrs.Rajlaxmi Singh Choudhary, PP
Mr.Jangsher Khan, Adv.
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Order
19/09/2019
The instant misc. petition under Section 482 Cr.P.C. has been
filed against the order dated 27.06.2019 passed by the learned
Special ACJM (P.C.P.N.D.T. Act Cases), Jodhpur Metropolitan in
Criminal Original Case No.125/2017, by which the learned
Magistrate refused to compound the offence under Section 498A
IPC.
It is submitted by learned counsel for the parties that the
petitioner and respondent No.2-complainant are husband and
wife. They have entered into a compromise in the spirit of Lok
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Adalat. The copy of compromise has been produced before the
trial court but the trial court has refused to compound the offence
under Section 498A IPC on the basis of compromise, therefore, it
is prayed that the order dated 27.06.2019 may be set aside and
the offence under Section 498A IPC may also be compounded and
the criminal proceedings against the petitioner may be quashed.
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 order dated 27.06.2019
refusing to compound the offence under Section 498A IPC is liable
to be set aside.
Accordingly, the order dated 27.06.2019 passed by the trial
court refusing to compound the offence under Section 498A IPC is
hereby set aside on the basis of the compromise arrived at
between the parties and the offence under Section 498A IPC is
compounded. The criminal proceedings pending against the
petitioner in Criminal Original Case No.125/2017 before the trial
court are hereby quashed.
The misc. petition is disposed of accordingly.
(MANOJ KUMAR GARG),J
153-NK/-
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