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Ramesh vs State on 25 June, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 3334/2019

1. Ramesh S/o Shri Chimana Ram, By Caste Valmiki, Aged
About 35 Years

2. Chimanaram S/o Shri Jogaram, Aged About 60 Years

3. Smt. Puni W/o Shri Chimanaram, Aged About 58 Years

All by caste Valmiki, resident Of Gadoti Ki Basani, Delima,
Tehsil- Mundwa, District Nagaur (Raj.)

—-Petitioners
Versus

1. State of Rajasthan through PP

2. Smt. Teena W/o Shri Ramesh D/o Shri Bhomaram, By
Caste Valmiki, Aged About 24 Years, R/o Sargaron Ka
Baas, Harijan Basti, Salawas, P.s. Boranada, Jodhpur
(Raj.)

—-Respondents

For Petitioner(s) : Mr.P.R.Bishnoi, Adv.
For Respondent(s) : Mr.Gaurav Singh, PP
Mr.S.K.Dadhich, Adv.

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

(VACATION JUDGE)

Order

25/06/2019

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

filed against the order dated 20.05.2019 passed by the learned

Special Additional Chief Judicial Magistrate (PCPNDT Act Cases),

Jodhpur Metro in Criminal Case No.304/2017, by which the

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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 petitioner submitted an application along with the

copy of compromise 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 is prayed that the order dated

20.05.2019 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 02.03.2019

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

to be set aside.

Accordingly, the order dated 20.05.2019 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 Case No.304/2017 before the learned

Special Additional Chief Judicial Magistrate (PCPNDT Act Cases),

Jodhpur Metro are hereby quashed.

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The misc. petition is disposed of accordingly. Stay petition

also decided accordingly.

(MANOJ KUMAR GARG), VJ

125-NK/-

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