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
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(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/-
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