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Manju W/O Shayam Veer, D/O Kanha … vs State Of Rajasthan on 17 February, 2020

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 786/2020

Manju D/o Shayam Veer, W/o Kanha B/c Jat, R/o Jharkai Police
Station Nadbai, District Bharatpur, Raj.
—-Complainant-Petitioner
Versus
1. State Of Rajasthan, Through Pp.
2. Shri Kanha S/o Shri Nabab Singh B/c Jat, Police Station
Sheri Kalan Police Station Ucchain District Bharatpur, Raj.
3. Shri Shri Nabab Singh S/o Puran B/c Jat, Police Station
Sheri Kalan Police Station Ucchain District Bharatpur, Raj.
—-Accused-Respondents

For Petitioner(s) : Mr. R.B. Sharma Ganthola
For Respondent(s) : Mr. Mahaveer Singh
For State : Mr. F.R. Meena, P.P.

HON’BLE MR. JUSTICE PANKAJ BHANDARI

Order

17/02/2020

1. Application bearing No.1/2020 for amendment in cause title

is allowed. Amended cause title is taken on record.

2. Petitioner has preferred this Criminal Miscellaneous Petition

seeking quashing of proceedings in Criminal Case No.388/2017

pending before learned Additional Chief Judicial Magistrate,

Nadbai, District Bharatpur.

3. It is contended by learned counsel for the petitioner that

parties have amicably settled their dispute and have decided to

withdraw all cases and have moved an application for divorce by

mutual consent. A compromise deed was filed before the Court

below. Court has compounded the offence under Section 406 IPC

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(2 of 2) [CRLMP-786/2020]

but as offence under Section 498-A of IPC was non-

compoundable, the same was not compounded.

4. Accused-respondent along with his counsel is present in the

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

compromise.

5. I have considered the contentions.

6. In B.S. Joshi Ors. vs. State of Haryana Anr., 2003

Cri.L.J. 2028, Apex Court in a matrimonial dispute had

compounded the offence under Section 498-A IPC.

7. In view of the fact that there is a matrimonial dispute and

parties have amicably settled the dispute, the present Criminal

Miscellaneous Petition is allowed and proceedings in Criminal Case

No.388/2017 pending before learned Additional Chief Judicial

Magistrate, Nadbai, District Bharatpur stand quashed. Stay

application stands disposed of.

(PANKAJ BHANDARI),J

Simple Kumawat /77

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