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Nisha Seju vs State Of Rajasthan on 24 October, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4309/2019

1. Nisha Seju D/o Shri Binja Ram, Aged About 33 Years,

2. Mahesh Seju S/o Shri Binja Ram, Aged About 34 Years,

3. Mahendra Raj S/o Shri Binja Ram, Aged About 39 Years,
All By Caste Meghwal, R/o Kaga Road, Near Uttam
Ashram, Nagori Gate, Jodhpur.

—-Petitioners
Versus

1. State Of Rajasthan, Through P.p.

2. Smt. Suman Kanwar W/o Shri Mahesh Seju D/o Shri Om
Prakash, By Caste Meghwal, R/o Aguna Bas, Mathania, Ps
Mathania, District Jodhpur (Raj.).

—-Respondents

For Petitioner(s) : Mr. Dharmendra Surana
For Respondent(s) : Mr. Muktiyar Khan, PP

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

24/10/2019

This instant criminal petition has been filed by the petitioners

for quashing of criminal proceedings pending in the Court of

learned Additional Chief Metropolitan Magistrate No.5 Jodhpur

Metropolitan in connection with Cr. Regular Case No.281/2018

arising out of FIR No.100/2015 of PS Mathania, Jodhpur for

offence under Section 498A IPC on the basis of compromise

arrived at between the parties.

It is submitted by learned counsel for the parties that the

petitioner No.2 and respondent No.2-complainant are husband

and wife and they have entered into a compromise in the spirit of

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(2 of 2) [CRLMP-4309/2019]

Lok Adalat. Therefore, it is prayed that the criminal proceedings

against the petitioners may be quashed.

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 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

criminal proceedings pending in the Court of learned Additional

Chief Metropolitan Magistrate No.5 Jodhpur Metropolitan in

connection with Cr. Regular Case No.281/2018 arising out of FIR

No.100/2015 of PS Mathania, Jodhpur for offence under Section

498A IPC are quashed on the basis of compromise arrived at

between the parties.

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

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