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Kunal Barathe vs State on 28 November, 2019

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.

(Downloaded on 28/11/2019 at 08:44:22 PM)

(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/-

(Downloaded on 28/11/2019 at 08:44:22 PM)

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