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Sharafat Khan vs State on 10 February, 2020

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4473/2019

Sharafat Khan S/o Sh. Banu Khan, Aged About 28 Years, B/c
Musalman, R/o Near Shyamnagar Thana, Nirman Nagar, Jaipur.

—-Petitioner
Versus

1. State of Rajasthan, Through Pp

2. Smt. Jubeda @ Jasu W/o Sharafat Khan D/o Sh.

Mangukhan, Aged About 27 Years, B/c Musalman, R/o 58
Chopasani Marwar Nagar, Chopasani, Jodhpur.

—-Respondents

For Petitioner(s) : Mr. Chiranjilal Mali
For Respondent(s) : Ms. Rajlaxmi Singh Choudhary, PP
Mr. Mahadev Prasad Solanki

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

10/02/2020

This instant criminal petition has been filed by the petitioner

against the order dated 22.07.2019 passed by learned Special

Additional Chief Metropolitan Magistrate (PCPNDt Act Cases),

Jodhpur Metropolitan whereby the learned trial court has

compounded the offence under Sections 406 IPC only but kept the

trial pending to the extent of 498-A IPC 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

498A IPC may also be quashed on the basis of compromise.

(Downloaded on 10/02/2020 at 09:10:47 PM)

(2 of 2) [CRLMP-4473/2019]

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 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 Special

Additional Chief Metropolitan Magistrate (PCPNDt Act Cases),

Jodhpur Metropolitan in Original Criminal Case No.40/2015 for

offence under Section 498A IPC are quashed on the basis of

compromise arrived at between the parties.

Stay petition is also decided accordingly.

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

(Downloaded on 10/02/2020 at 09:10:47 PM)

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