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.
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(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/-
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