HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3901/2018
Rishabh Garg S/o Pradeep Garg, Aged About 28 Years, R/o
House No.90-C, Street No.3, Pratapnagar, Patiala (Punjab)
—-Petitioner
Versus
1. State Of Rajasthan
2. Nivida Gupta w/o Rishab Garg D/o Anand Prakash
Gupta, Aged About 26 Years, R/o House No.53, Bank
Colony
—-Respondents
For Petitioner(s) : Mr.J.K.Suthar, Adv.
Mr.Prakash Chandra Bishnoi, Adv.
For Respondent(s) : Mrs.Rajlaxmi Singh Choudhary, PP
Mr.Rajendra Charan, Adv.
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Order
02/12/2019
The instant misc. petition under Section 482 Cr.P.C. has been
filed for quashing of FIR No.226/2018 registered at Mahila Thana,
Sri Ganganagar for offence under Sections 406, Section498-A, Section323 IPC on
the basis of compromise.
It is submitted by learned counsel for the parties that the
petitioner and the respondent No.2-complainant are husband and
wife. They have entered into a compromise in the spirit of Lok
Adalat, therefore, there is no possibility of conviction of the
petitioner for the offences punishable under Sections 406, Section498-A,
Section323 IPC. It is also argued that no useful purpose would be served
by continuing the trial against the petitioner for the aforesaid
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(2 of 2) [CRLMP-3901/2018]
offences because the same may derail the compromise arrived at
between the parties.
Learned counsel for the respondent No.2 has admitted that
the parties have already entered into compromise and resolved
their dispute amicably and the respondent No.2 does not want to
press the charges levelled against the petitioner in relation to
offences punishable under Sections 406, Section498-A, Section323 IPC.
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.
Accordingly, criminal misc. petition is allowed and the FIR
No.226/2018 registered at P.S. Mahila Thana, Sri Ganganagar
against the petitioner and the criminal proceedings pursuant
thereto are hereby quashed.
Stay petition is also decided accordingly.
(MANOJ KUMAR GARG),J
142-NK/-
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