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Kamlesh Sachhanandani vs State Of Rajasthan on 19 September, 2019

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

(Downloaded on 19/09/2019 at 09:02:16 PM)
(2 of 2) [CRLMP-4603/2019]

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/-

(Downloaded on 19/09/2019 at 09:02:16 PM)

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