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Naresh Kumar vs State Of Rajasthan on 16 October, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1597/2019

1. Naresh Kumar S/o Sh. Purshottam Lal, Aged About 22
Years, By Caste Arora And Resident Of Sector No. 3,
Hanumangarh Town, District Hanumangarh (Raj.)

2. Purshottam Lal S/o Sh. Sohanlal Arora, Aged About 49
Years, By Caste Arora And Resident Of Sector No. 3,
Hanumangarh Town, District Hanumangarh (Raj.)

3. Smt. Renu W/o Sh. Purshottam Lal, Aged About 47 Years,
By Caste Arora And Resident Of Sector No. 3,
Hanumangarh Town, District Hanumangarh (Raj.)

4. Navjeet Kumar S/o Sh. Purshottam Lal, Aged About 24
Years, By Caste Arora And Resident Of Sector No. 3,
Hanumangarh Town, District Hanumangarh (Raj.)

—-Petitioners
Versus

1. State Of Rajasthan, Through Pp

2. Smt. Monika D/o Sh. Vinod Kumar W/o Sh. Naresh
Kumar, aged 21 years, Presently Residing At Indra Colony,
Hanumangarh Town, District Hanumangarh (Raj.)

—-Respondents

For Petitioner(s) : Mr. Ranjeet Singh
For Respondent(s) : Mr. Sudhir Tak, PP
Mr. Kuldeep Sharma, for respondent
No.2.

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Order

16/10/2019

This instant criminal misc. petition has been filed for

quashing the FIR No.54/2019 registered at Police Station Mahila

Thana, District Hanumangarh for the offence under Sections

498-A, Section406, Section323, Section504 and Section307 IPC.

(Downloaded on 16/10/2019 at 08:41:28 PM)

(2 of 2) [CRLMP-1597/2019]

The accused-petitioner and the complainant are present in

Court. They have moved a joint compromise application in which it

has been stated that the compromise has arrived at between them

and they have settled their dispute amicably, therefore, the

criminal proceedings for offence under Sections 498-A, Section406, Section323,

Section504 and Section307 IPC may be quashed.

Counsel for the petitioner submits that the petitioner and

respondent No.2/complainant are husband and wife. They have

entered into a compromise in the spirit of Lok Adalat.

Having considered the facts and circumstances of the case,

since the petitioner and complainant 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 for

offence under Section 498-A are liable to be quashed.

Accordingly, the present misc. petition is allowed and the FIR

No.54/2019 lodged at Police Station Mahila Thana, District

Hanumangarh for offence under Sections 498-A, Section406, Section323, Section504

and Section307 IPC against the petitioners are hereby quashed on the

basis of compromise deed.

Stay petition is also decided accordingly.

(MANOJ KUMAR GARG),J
76-Ishan/-

(Downloaded on 16/10/2019 at 08:41:28 PM)

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