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Manoj Kumar Sharma S/O Shri … vs State Of Rajasthan on 28 November, 2019

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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(2 of 2) [CRLMP-7411/2019]

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

(Downloaded on 05/12/2019 at 08:56:45 PM)

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