HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7411/2019
Manoj Kumar Sharma S/o Shri Subhash Chand Sharma, Aged
About 29 Years, B/c Brahmin, Resident Of Village Mandan, Tehsil
Behror, District Alwar (Rajasthan)
—-Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Smt. Varsha Sharma @ Ranu W/o Manoj Sharma D/o
Rajendra Kumar Sharma, Aged About 24 Years, R/o
House No. 32, Mohan Nagar, Nahar Garh Road, Jaipur.
—-Respondents
For Petitioner(s) : Mr. Naman Jain
For complainant(s) : Mr. Kunal Jain
For State : Mr. Arvind Kumar, PP
HON’BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
28/11/2019
1. Petitioner has preferred this Criminal Misc. Petition under
Section 482 Cr.P.C. seeking quashing of Criminal Case
No.446/2019 pending before the Judicial Magistrate No.1, Jaipur
District.
2. It is contended by counsel for the petitioner that petitioner
and the complainant are husband and wife. They have started
living together and complainant does not wish to proceed further
with the criminal case lodged by her. It is also contended that a
compromise deed was filed before the Court below. Court below
has compounded the offence under Section 406 I.P.C. but as
offence under Section 498-A I.P.C. is non-compoundable, the
same is not compounded.
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3. Complainant alongwith her counsel is present in person in
the Court, who has not disputed that fact of parties having
entered into a compromise. She does not wish to proceed further
in the criminal case pending before the Court below.
4. I have considered the contentions.
5. In view of the fact that there is matrimonial dispute and
parties have entered into a compromise and are staying together,
I deem it proper to allow the Criminal Misc. Petition.
6. The Criminal Misc. Petition is, accordingly, allowed. Criminal
Case No.446/2019 pending before the Judicial Magistrate No.1,
Jaipur District is quashed. Stay application stands disposed.
(PANKAJ BHANDARI),J
ARTI/AMIT/98
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