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Mahesh Sharma vs State Of Rajasthan on 14 December, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6658/2019

Mahesh Sharma S/o Shri Chandra Shekhar Sharma, Aged About
30 Years, By Caste Brahmin, R/o Old Bus Stand, Village And
Tehsil Bhopalgarh, District Jodhpur (Raj.).

—-Petitioner
Versus

1. State Of Rajasthan, Through P.p.

2. Smt. Rashmi Sharma W/o Shri Mahesh Sharma D/o Shri
Pradeep Sharma, By Caste Brahmin, R/o Village Narlia,
Near Oswal Pedi, Tehsil Desuri, District Pali (Raj.).

—-Respondents

For Petitioner(s) : Mr. Dharmendra Surana
For Respondent(s) : Ms. Rajlaxmi Singh Choudhary, PP
Mr. Lalit K. Purohit

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

14/12/2019

This instant criminal misc. petition has been filed for

quashing of criminal proceedings pending in the Court of learned

Judicial Magistrate, Desuri, District Pali in Criminal Regular Case

No.806/2015 (NCV No.141/2016) arising out of FIR No.113/2015,

PS Desuri, District Pali for offence under Section 498A on the basis

of compromise arrived at between the parties.

Counsel for the parties submits that the petitioner and

respondent No.2 are husband and wife. They have entered into a

compromise in the spirit of Lok Adalat. The copy of compromise

has already been filed before the trial court. Therefore, it is prayed

that the impugned criminal proceedings pending before the trial

court against the petitioner may be quashed and set aside.

(Downloaded on 14/12/2019 at 08:51:19 PM)

(2 of 2) [CRLMP-6658/2019]

Having considered the facts and circumstances of the case,

since the petitioner and respondent No.2 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 pending in the Court of learned Judicial Magistrate,

Desuri, District Pali in Criminal Regular Case No.806/2015 (NCV

No.141/2016) arising out of FIR No.113/2015, PS Desuri, District

Pali for offence under Section 498A is liable to be quashed and set

aside.

Accordingly, the criminal proceedings pending in the Court of

learned Judicial Magistrate, Desuri, District Pali in Criminal Regular

Case No.806/2015 (NCV No.141/2016) arising out of FIR

No.113/2015, PS Desuri, District Pali for offence under Section

498A is hereby quashed and set aside on the basis of the

compromise arrived at between the parties.

The misc. petition is disposed of accordingly. Stay petition

also decided accordingly.

(MANOJ KUMAR GARG),J
240-MS/-

(Downloaded on 14/12/2019 at 08:51:19 PM)

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