HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6395/2019
Satyanarayan S/o Late Ramchandra, Aged About 44 Years, B/c
Prajapat, R/o Surya Colony, Kila Khana, Manak Chowk, Jodhpur.
—-Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Smt. Durga W/o Satyanarayan D/o Heera Lal, B/c
Prajapat, R/o Gopal Pole, Ummed Chowk, Jodhpur.
—-Respondents
For Petitioner(s) : Mr. Rajesh Saharan
For Respondent(s) : Mr. Mahipal Bishnoi, PP
Mr. Anand Khichi on behalf of
Mr. N.K. Soni, for respondent No.2
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Order
27/11/2019
This instant criminal petition has been filed for quashing of
criminal proceedings in criminal case No.476/2004 pending before
the learned Addl. Civil Judge Metropolitan Magistrate no.2,
Jodhpur Metro whereby the learned Judge 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.
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
and they have settled their dispute amicably, therefore, the
criminal proceedings for offence under Sections 498-A of IPC may
be quashed.
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(2 of 2) [CRLMP-6395/2019]
Counsel for the petitioner submits that the petitioner and
respondent No.2/complainant are husband and wife. They have
entered into a compromise in the spirit of Lok Adalat.
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 Addl. Civil Judge
Metropolitan Magistrate No.2, Jodhpur Metro in criminal case
No.476/2004 are quashed on the basis of aforesaid compromise.
Stay petition is also decided accordingly.
(MANOJ KUMAR GARG),J
203-Ishan/-
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