HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6645/2019

1. Nena Ram @ Vijendra Singh S/o Mula Ram Choudhary,
Aged About 82 Years,

2. Hukma Ram S/o Nena Ram @ Vijendra Singh, Aged About
37 Years,

3. Smt. Varji W/o Om Prakash Choudhary, Aged About 40
Years,

4. Natthu Ram S/o Mangi Lal Jakhar, Aged About 45 Years,

All by caste Jat, Resident Of Village Salva Kallan, Police
Station Dangiyawas, District Jodhpur.

—-Petitioners
Versus

1. State Of Rajasthan

2. Smt. Kailash W/o Ummed Singh, By Caste Jat, R/o Village
Salva Kalla, Presently at Som Kamla Amba Bandh,
Aaspur, District Dungarpur (Raj.).

—-Respondents

For Petitioner(s) : Mr.J.S.Choudhary, Sr.Advocate
assisted by Mr.Amardeep Lamba, Adv.
For Respondent(s) : Mr.Mukhtiyar Khan, PP
Mr.Shiv Raj Meena, Adv.

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Order

16/12/2019

The instant misc. petition under Section 482 Cr.P.C. has been

filed against the order dated 27.11.2019 passed the learned

Judicial Magistrate, Aspur, District Dungarpur in Regular Criminal

Case No.262/2013 whereby the learned Magistrate refused to

compound the offence under Section 498A IPC.

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It is submitted by learned counsel for the parties that the

petitioners and the respondent No.2-complainant are the family

members. They have entered into a compromise in the spirit of

Lok Adalat. The copy of compromise has been produced before the

trial court but the trial court has refused to compound the offence

under Section 498A IPC on the basis of compromise, therefore, it

is prayed that the order dated 27.12.2019 may be quashed and

the offence under Section 498A IPC may be compounded and the

criminal proceedings against the petitioner may be quashed.

Learned counsel for the respondent No.2 has admitted that

the parties have already entered into compromise the respondent

No.2 does not want to press the charges levelled against the

petitioner in relation to offences punishable under Sections 498A

IPC.

Having considered the facts and circumstances of the case,

since the petitioner(s) 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 order dated

27.11.2019 refusing to compound the offence under Section 498A

IPC is liable to be set aside.

Accordingly, the order dated 27.11.2019 passed by the trial

court refusing to compound the offence under Section 498A IPC is

hereby set aside on the basis of the compromise arrived at

between the parties and the offence under Section 498A IPC is

compounded. The criminal proceedings pending against the

petitioners in Regular Criminal Case No.262/2013 (State Vs. Nena

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Ram Vijendra Singh ors.) qua the petitioners are hereby

quashed.

The misc. petition is disposed of accordingly.

(MANOJ KUMAR GARG),J

196-NK/-

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