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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