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Neelu Rajpurohit vs State on 13 February, 2020

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 610/2020

1. Neelu Rajpurohit W/o Lalit Rajpurohit, Aged About 35
Years, By Caste Rajpurohit, R/o Banglore.

2. Seema Rajpurohit W/o Prakash Rajpurohit, Aged About
31 Years, By Caste Rajpurohit, R/o Goa.
Both are currently R/o A-5 2Nd Floor, Garden View
Society, Borivali (West) Mumbai-92

—-Petitioners
Versus

1. State, Through Pp

2. Smt. Pooja W/o Bharat Ji, Aged About 34 Years, By Caste
Purohit, R/o A-5, 2Nd Floor, Garden View Society, Borivali
(West) Mumbai-92. Currently R/o Village Basant, Tehsil
Sumerpur, District Pali, Rajasthan.

—-Respondents

For Petitioner(s) : Mr. Vikram Singh Rajpurohit
For Respondent(s) : Mr. Frazand Ali, AAG with
Mr. Muktiyar Khan, PP
Mr. Suresh Kumbhat

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

13/02/2020

This instant criminal petition has been filed by the petitioners

against the order dated 18.05.2018 passed by learned Additional

Chief Judicial Magistrate, Sumerpur, District Pali whereby the

learned trial court has compounded the offence under Section 406

IPC only but kept the trial pending to the extent of 498-A IPC

despite the fact that the parties have entered into compromise.

Counsel for the parties submit that the petitioners and

respondent No.2/complainant have entered into a compromise in

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(2 of 2) [CRLMP-610/2020]

the spirit of Lok Adalat, therefore, it is prayed that the criminal

proceedings for offence under Section 498A IPC may also be

quashed on the basis of compromise.

Having considered the facts and circumstances of the case,

since the petitioners 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 498-A 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

criminal proceedings in Criminal Regular Case No.1546/2013

(748/2014) pending before the learned Additional Chief Judicial

Magistrate, Sumerpur, District Pali for offence under Section 498A

IPC are quashed qua the petitioners on the basis of compromise

arrived at between the parties.

Stay petition is also decided accordingly.

(MANOJ KUMAR GARG),J
202-MS/-

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