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Sudanshu Joshi vs State Of Rajasthan on 6 May, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 1976/2019

Sudanshu Joshi S/o Ghanshyam Joshi, Aged About 30 Years, By
Caste Brahmin, R/o Near Vishwas Coaching Centre, Brahm Bagh,
Jalori Gate, Jodhpur.

—-Petitioner
Versus

1. State Of Rajasthan, Through Pp

2. Ashwini Sharma S/o Lal Chand Sharma, age about 62
years, R/o Plot No. 109, Rajiv Gandhi Nagar, Sector B,
P.S. Mahamandir, Jodhpur.

—-Respondents

For Petitioner(s) : Mr.Gokulesh Bohra on behalf of
Mr.Neel Kamal Bohra, Adv.

For Respondent(s) : Mrs.Rajlaxmi Singh Choudhary, PP
Mr.D.S.Gharsana, Adv.

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Order

06/05/2019

This misc. petition has been filed against the judgment dated

18.05.2018 passed by the learned Judicial Magistrate, Jodhpur in

Criminal Case No.59/2015, by which, the learned trial court

accepted the compromise for offence under Section 406 IPC and

refused to accept compromise under Section 498-A IPC.

Learned counsel for the petitioner has argued that the

complainant-respondent No.2 and the petitioner have already

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(2 of 3) [CRLMP-1976/2019]

entered into compromise and on the basis of it, there is no

possibility of conviction of the petitioner for the offences

punishable under Sections 498-A IPC. It is also argued that no

useful purpose would be served by continuing the trial against the

petitioner for the offences punishable under Sections 498-A IPC

because the same may derail the compromise arrived at between

the parties.

Learned counsel for the respondent No.2 has admitted that

the parties have already entered into compromise and resolved

their dispute amicably and the respondent No.2 does not want to

press the charges levelled against the petitioner in relation to

offences punishable under Sections 498-A IPC.

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, there is no possibility of accused-petitioner being

convicted in the case pending against him. When once the

disputes have been settled by the mutual compromise, then no

useful purpose would be served by keeping the criminal

proceedings pending.

Keeping in view the observations made by the Hon’ble

Supreme Court in B.S.Joshi’ case (supra), this Court is of the

opinion that it is a fit case, wherein the criminal proceedings

pending against the petitioner can be quashed while exercising

powers under Section 482 Cr.P.C.

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(3 of 3) [CRLMP-1976/2019]

Accordingly, this criminal misc. petition is allowed and the

criminal proceedings pending before the trial court against the

petitioner is hereby quashed.

Stay petition is disposed of.

(MANOJ KUMAR GARG),J

129-NK/-

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