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Sachin Kalra vs State on 6 May, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2225/2019

1. Sachin Kalra S/o Subhash, Aged About 35 Years, B/c
Punjabi, R/o H.no. 266, Mukherjee Nagar, Dist.
Sriganganagar (Raj.)

2. Subhash S/o Bhotharam Kalra, Aged About 71 Years, B/c
Punjab, R/o H.no. 266, Mukherjee Nagar, Dist.
Sriganganagar (Raj.)

3. Smt. Shobha W/o Subhash, Aged About 68 Years, B/c
Punjabi, R/o H.no. 266, Mukherjee Nagar, Dist.
Sriganganagar (Raj.)

—-Petitioners
Versus

1. State, Through Pp

2. Smt. Jyoti D/o Subhash, Aged About 32 Years, B/c
Punjabi, R/o Kamla Colony, Bikaner (Raj.)

—-Respondents

For Petitioner(s) : Mr. Kaushal Gautam.
For Respondent(s) : Mr. Mahipal Bishnoi, PP.

Mr. Mahesh Kumar Saini, for
respondent No.2.

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Order

06/05/2019

This instant criminal petition has been filed against the order

dated 26.02.2019 passed by the learned Civil Judge and Judicial

Magistrate No.3, Bikaner whereby the learned Judge is proceeding

against the petitioner for offence under Sections 498-A Section324 IPC

despite the fact that the parties have entered into compromise.

The accused-petitioners and the complainant are present in

Court. They have moved a joint compromise application in which it

has been stated that the compromise has arrived at between them

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(2 of 2) [CRLMP-2225/2019]

and they have settled their dispute amicably, therefore, the

criminal proceedings for offence under Section 498-A Section324 IPC

may be quashed.

Counsel for the petitioners submits that the petitioner No.1

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

have entered into a compromise in the spirit of Lok Adalat and

now they are living together happily.

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 498A 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 Civil Judge

Judicial Magistrate No.3, Bikaner in criminal case No.50/2014 are

quashed on the basis of aforesaid compromise.

(MANOJ KUMAR GARG),J
259-Ishan/-

(Downloaded on 28/06/2019 at 01:51:27 AM)

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