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Ronak Nahta vs State on 3 December, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5858/2019

Ronak Nahta S/o Shri Narendra Nahta, Aged About 27 Years, By
Caste Jain, R/o House No. 10, Shahpura Mohalla, Malion Ki
Chopad, Beawar City, Distt. Ajmer At Present House No.
245/246, House Of Rajesh Luniya, Near Hiteshi Hostel, New
Anand Nagar, Pali.

—-Petitioner
Versus

1. State, Through P.p.

2. Smt. Monika W/o Shri Ronak D/o Ramesh Chandra
Mutha, By Caste Jain, R/o 556, Gandhi Nagar, Mandiya
Road, Pali.

—-Respondents

For Petitioner(s) : Mr. Naresh Khatri
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. Abdul Ayaz

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

03/12/2019

This instant criminal petition has been filed by the petitioner

against the order dated 05.07.2019 passed by learned Judicial

Magistrate No.1, Pali whereby the learned trial court has allowed

the application of parties for compounding the offence under

Sections 406 IPC only but kept the trial pending to the extent of

498-A SectionIPC despite the fact that the parties have entered into

compromise.

Counsel for the parties submit that the petitioner and

respondent No.2/complainant are husband and wife. They have

entered into a compromise in the spirit of Lok Adalat, therefore, it

is prayed that the criminal proceedings for offence under Section

(Downloaded on 03/12/2019 at 08:51:57 PM)
(2 of 2) [CRLMP-5858/2019]

498A SectionIPC may also be quashed on the basis of compromise.

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 498-A 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 Judicial

Magistrate No.1, Pali in regular criminal case No.5384/2018 are

quashed on the basis of compromise arrived at between the

parties.

Stay petition is also decided accordingly.

(MANOJ KUMAR GARG),J
96-MS/-

(Downloaded on 03/12/2019 at 08:51:57 PM)

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