SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Rahul Singh vs State Of Rajasthan on 13 November, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5073/2019

Rahul Singh S/o Bhagwan Singh Verma, Aged About 31 Years,
76, Hudko Quarters, Opposite Icici Bank, Kamla Nehru Nagar,
Jodhpur, Rajasthan.

—-Petitioner
Versus

1. State Of Rajasthan, Through P.p.

2. Jyoti D/o Vijay Verma, 563, Sector 17, Chopasni Housing
Board, Jodhpur, Rajasthan.

—-Respondents

For Petitioner(s) : Mr. Insaf Khan
For Respondent(s) : Mr. Mahipal Bishnoi PP
Mr. Nitin Gokhlani

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Order

13/11/2019

This instant criminal petition has been filed against the order

dated 09.09.2019 passed by the learned Addl. Chief Judicial

Magistrate (PCPNDT Cases), Jodhpur whereby the learned Judge is

proceeding against the petitioner for offence under Section 498-A

Section406 of IPC despite the fact that the parties have entered into

compromise.

The accused-petitioner and the complainant are present in

Court. They have moved a joint compromise application in which it

has been stated that the compromise has arrived at between them

and they have settled their dispute amicably, therefore, the

criminal proceedings for offence under Section 498-A may be

quashed.

(Downloaded on 13/11/2019 at 10:29:47 PM)

(2 of 2) [CRLMP-5073/2019]

Counsel for the petitioner submits that the petitioner and

respondent No.2/complainant are husband and wife. They have

entered into a compromise in the spirit of Lok Adalat and now they

are living together happily.

Having considered the facts and circumstances of the case,

since the petitioner and complainant have arrived at compromise

and settled their dispute and presently they are living together

happily as husband and wife 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 before the learned Chief Judicial

Magistrate (PCPNDT Cases), Jodhpur in criminal case No.141/2017

are quashed on the basis of aforesaid compromise.

(MANOJ KUMAR GARG),J
214-Anshul/-

(Downloaded on 13/11/2019 at 10:29:47 PM)

Powered by TCPDF (www.tcpdf.org)

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation