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Kishore Kumar @ Kicchu S/O … vs State Of Rajasthan on 28 November, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 7396/2019

Kishore Kumar @ Kicchu S/o Harbansdas @ Nama, By Caste
Panjabi R/o Nagla Store Near Railway School Kasba Bayana,
Thana Bayana District Bharatpur.
—-Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Smt. Rekha W/o Kishore Kumar @ Kicchu D/o Late Pratap
Singh, Aged About 39 Years, By Caste Lawada Sikha, R/o
Near Khan Chand Factory, Choudah Mahadev Ki Gali,
Bharatpur Thana Mathura Gate District Bharatpur.
—-Respondents

For Petitioner(s) : Mr. J K Moolchandani
For Complainant(s) : Mr. Devanshu Sharma
For State : Mr. Arvind Kumar, PP

HON’BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

28/11/2019

1. Petitioner has preferred this Criminal Misc. Petition under

Section 482 Cr.P.C. seeking quashing of Criminal Case No.12/2017

pending before the Additional Judicial Magistrate First Grade No.1,

Bharatpur.

2. It is contended by counsel for the petitioner that petitioner

and the complainant are husband and wife. A compromise deed

was filed before the Court below. Court below has compounded

the offence under Section 406 I.P.C. but as offence under Section

498-A I.P.C. is non-compoundable, the same is not compounded.

It is also contended that parties are staying together as husband

and wife and have amicably settled the dispute.

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(2 of 2) [CRLMP-7396/2019]

3. Complainant alongwith her counsel is present in person in

the Court, who has not disputed the fact of parties having entered

into a compromise and has no objection to the quashing of the

criminal case. She does not wish to proceed further in the criminal

case.

4. I have considered the contentions.

5. In view of the fact that parties have amicable settled the

dispute and are staying together, I deem it proper to allow the

Criminal Misc. Petition.

6. The Criminal Misc. Petition is, accordingly, allowed. Criminal

Case No.12/2017 pending before the Additional Judicial Magistrate

First Grade No.1, Bharatpur is quashed.

(PANKAJ BHANDARI),J

ARTI/AMIT/136

(Downloaded on 05/12/2019 at 08:56:43 PM)

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