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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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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