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Kapil Swami vs State Of Rajasthan on 28 May, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2824/2019

Dr. Kapil Swami S/o Dr. R.k. Swami, Aged About 35 Years, By
Caste Brahmin, Resident Of B 169 Talwandi, Kota

—-Petitioner
Versus

1. State Of Rajasthan, Through Pp

2. Smt. Divya W/o Dr. Kapil Swami, Aged About 31 Years,
D/o Jaswant Singh Sharma, By Caste Brahmin, Resident
Of Diwan House, Pipali Wali Pole, Manak Chowk, Near
Chitra Cinema, Jodhpur

—-Respondents

For Petitioner(s) : Mr. Dilip Singh Baghela.
For Respondent(s) : Mr. Sudhir Tak, PP.

Ms. Divya Sharma, for respondent
No.2.

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Order

28/05/2019

This instant criminal misc. petition has been filed against the

order dated 20.05.2019 passed by the learned Civil Judge MM

City, Jodhpur Metropolitan, whereby the learned Judge is

proceeding against the petitioner for offence under Sections 498-A

and Section406 of IPC and Section 4 Section7 of Dowry Probation Act 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 and 406 of

(Downloaded on 28/06/2019 at 06:54:32 AM)
(2 of 2) [CRLMP-2824/2019]

SectionIPC and Section 4 Section7 of Dowry Probation Act may 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 Civil Judge MM

City, Jodhpur Metropolitan in criminal regular case No.6233/2016

are quashed on the basis of aforesaid compromise.

(MANOJ KUMAR GARG),J
354-Ishan/-

(Downloaded on 28/06/2019 at 06:54:32 AM)

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