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Rishabh Garg vs State Of Rajasthan on 2 December, 2019

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/-

(Downloaded on 02/12/2019 at 08:49:23 PM)

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