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Saurabh Singh vs State Of Rajasthan on 4 December, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2786/2019

Saurabh Singh S/o Sh. Sachhidanand Singh, Aged About 30
Years, B/c Rajput, R/o Station Road, Belbanwas, Nearby Bjp
Office, Motihari Town P.s. Motihari (East) , Distt. Champaran
Bihar

—-Petitioner
Versus

1. State Of Rajasthan, Through Pp

2. Smt. Suman Jatol W/o Saurabh Singh, d/o Sh. Tarachand
Jatol, B/c Rajput, R/o Jatiyo Ka Bass, Nearby Ganga
Mandir, Barmer, Presently R/o 17-E-555, Chopasni
Housing Board, Jodhpur City West, Distt. Jodhpur Metro

—-Respondents

For Petitioner(s) : Mr. Vimal Kumar Maheshwari
For Respondent(s) : Mr. Mahipal Bishnoi, PP
Mr. navdeep Dadhich

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

04/12/2019

The instant criminal misc. petition has been filed by the

petitioner for quashing of FIR No.138/2018, PS Women (West),

District Jodhpur for offence under Sections 498-A, Section406 IPC on the

basis of compromise between the parties.

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 and settled

their dispute amicably, therefore, the impugned FIR and all

consequential proceedings for offence under Sections 498-A, Section406

of IPC may be quashed.

(Downloaded on 04/12/2019 at 08:52:01 PM)

(2 of 2) [CRLMP-2786/2019]

Having considered the facts and circumstances of the case,

since the petitioner and complainant have arrived at compromise

and settled their dispute 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

impugned FIR No.138/2018, PS Women (West), District Jodhpur

as well as all consequential proceedings pending against the

petitioner are quashed on the basis of compromise arrived at

between the parties.

Stay petition is also disposed of accordingly.

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

(Downloaded on 04/12/2019 at 08:52:01 PM)

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