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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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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