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Rakesh Solanki vs State Of Rajasthan on 17 October, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5554/2019

Rakesh Solanki S/o Shri Babu Lal, Aged About 33 Years, By
Caste Ghanchi, Resident Of 328-F, Hiran Magri, Sector No. 5,
Behind Akashwani Colony, Udaipur, District Udaipur.

—-Petitioner
Versus

1. State Of Rajasthan

2. Smt. Santosh D/o Sh. Banshi Lal Panwar, By Caste
Ghanchi, Presently Resident Of Plot No. 14, Milk Man
Colony, Pal Road, Jodhpur, District Jodhpur Metro.

—-Respondents

For Petitioner(s) : Mr.K.C.Choudhary, Adv.
For Respondent(s) : Mr.Gaurav Singh, PP
Mr.Sanjay Vyas, Adv.

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Order

17/10/2019

The instant misc. petition under Section 482 Cr.P.C. has been

filed against the order dated 07.09.2019 passed by the learned

Special Addl. Chief Metropolitan Magistrate (PCPNDT Act Cases),

Jodhpur in Criminal Regular Case No.43/2018, by which the

learned Magistrate refused to compound the offence under Section

498A IPC.

It is submitted by learned counsel for the parties that the

petitioner and respondent No.2-complainant are husband and

wife. 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

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(2 of 2) [CRLMP-5554/2019]

is prayed that the order dated 07.09.2019 may be quashed and

the offence under Section 498A IPC may also be compounded and

the criminal proceedings against the petitioner may be quashed.

Having considered the facts and circumstances of the case,

since the petitioner 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 07.09.2019

refusing to compound the offence under Section 498A IPC is liable

to be set aside.

Accordingly, the order dated 07.09.2019 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

petitioner in Criminal Regular Case No.43/2018 pending before the

court of Special Addl. Chief Metropolitan Magistrate (PCPNDT Act

Cases), Jodhpur are hereby quashed.

The misc. petition is disposed of accordingly. Stay petition

also disposed of accordingly.

(MANOJ KUMAR GARG),J

155-NK/-

(Downloaded on 17/10/2019 at 08:46:55 PM)

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