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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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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