HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6359/2019
Kunal Barathe S/o Shri Basant Govind Barathe, Aged About 29
Years, R/o Matarani, Plot No.6, Near Maruti Temple, Ayodhya
Nagar, Jalgaav, Maharashtra.
—-Petitioner
Versus
1. State, Through P.p.
2. Smt. Ankita Falke W/o Shri Kunal Barathe (D/o Shri
Narendra Falke), R/o House No.23, Dudhiya Ganesh Ji,
Behind Presidency School, P.s. Ambamata, Udaipur (Raj.).
—-Respondents
For Petitioner(s) : Mr. Love Jain
For Respondent(s) : Mr. Mukhtiyar Khan, PP
Mr. Iqbal Khan, for respondent No.2.
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Order
28/11/2019
This instant criminal misc. petition has been filed against the
order dated 14.08.2019 passed by the learned Addl. Chief Judicial
Magistrate No.2, Udaipur in regular criminal case No.5110/2018
whereby the learned Judge is proceeding against the petitioner for
offence under Section 498-A IPC 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 of IPC may
be quashed.
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(2 of 2) [CRLMP-6359/2019]
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 Addl. Chief
Judicial Magistrate No.2, Udaipur in regular criminal case
No.5110/2018 are quashed on the basis of aforesaid compromise.
Stay petition is also disposed of accordingly.
(MANOJ KUMAR GARG),J
106-Ishan/-
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