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Satyanarayan vs State Of Rajasthan on 27 November, 2019

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.

(Downloaded on 27/11/2019 at 08:44:57 PM)

(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/-

(Downloaded on 27/11/2019 at 08:44:57 PM)

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