HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 764/2010

Smt.krishna Devi And Ors.

—-Petitioner
Versus
State

—-Respondent

For Petitioner(s) : Mr. Suresh Kumbhat
For Respondent(s) : Ms. Anita Gehlot PP
Mr. Ravindra Kumar Purohit for
complainant

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Order

06/01/2020

This instant criminal revision petition has been filed against

the judgment dated 21.10.2010 passed by the learned Distt.

Sessions Judge, Jaisalmer in criminal appeal No.11/2009 whereby

he upheld the judgment dated 18.09.2009 passed by the learned

Chief Judicial Magistrate, Jaisalmer in criminal case No.109/2004

whereby the petitioners were convicted for offence under Section

498-A 323, despite the fact that the parties have entered into

compromise.

Counsel for the petitioner submits that the accused-

petitioners and the complainant 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

Section 498-A Section323 IPC may be quashed.

Counsel for the petitioners submits that the petitioner No.2

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(2 of 2) [CRLR-764/2010]

and 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 petitioners and complainant have arrived at compromise

and settled their dispute 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 Section323 IPC can be quashed

because it is the matrimonial matter, the criminal proceedings for

offence under Section 498-A Section323 are liable to be quashed.

Accordingly, the present revision petition is allowed and the

judgment dated 21.10.2010 18.09.2009 passed by learned

Distt. Sessions Judge, Jaisalmer as well as learned Chief Judicial

Magistrate, Jaisalmer is hereby set aside and the petitioners are

acquitted from the charges.

Record of the trial be sent back immediately.

(MANOJ KUMAR GARG),J
8-Anshul/-

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