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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2319/2021
Sunil Kumar S/o Shri Harish Chand, R/o Near Peer Sajja Nath Ka
Mandir Narainpur Alwar.
—-Petitioner
Versus
1. State Of Rajasthan, Through The Public Prosecutor.
2. Minakshi @ Vidusi D/o Shri Nemi Chand W/o Sunil Kumar,
R/o 423 Scheme No. -3 Family Line Near TV Tower Alwar.
—-Respondents
For Petitioner(s) : Mr. Manish Gupta
For Respondent(s) : Mr. Shyam Prakash Sharma, P.P.
HON’BLE MR. JUSTICE SATISH KUMAR SHARMA
Order
02/08/2021
1. The Petition has been filed under Section 482 Cr.P.C. for
quashing of criminal proceedings pending against the petitioner in
Criminal Case No.1049/2016; State Vs. Sunil Kumar, pending in
the court of Additional Chief Judicial Magistrate No.3, Alwar, for
the offence under Section 498-A IPC on the basis of compromise
entered between the parties.
2. Heard learned counsel for both the sides and perused the
material made available on record.
3. Learned counsel for the petitioner submits that the criminal
case is pending against the petitioner under Sections 498-A and
406 IPC. Now, compromise has been arrived at between the
parties. On the basis of compromise, the petitioner has been
acquitted of the charge under Section 406 IPC, but the trial has
been directed to be continued for remaining offence under Section
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(2 of 2) [CRLMP-2319/2021]
498-A IPC. Being family dispute and in view of peaceful
settlement, the criminal proceedings in this case deserve to be
quashed.
4. Learned Public Prosecutor submits for appropriate orders.
5. As per settled legal position expounded by the Hon’ble
Supreme Court in State of Madhya Pradesh Vs. Laxmi
Narayan [(2019)5 SCC 688] the criminal proceedings can be
considered to be quashed on the basis of compromise under
Section 482 CrPC in matrimonial or family disputes, and in Gian
Singh Vs. State of Punjab Another [(2012) 10 SCC 303]
High Court may quash criminal proceedings under Section 482
CrPC if in its view, because of the compromise between the
offender and victim, the possibility of conviction is remote and
bleak and continuation of criminal case would put accused to great
oppression and prejudice and extreme injustice would be caused
to him by not quashing the criminal case despite full and complete
settlement and compromise with the victim.
6. Thus, in light of the above legal position and in view of
compromise in matrimonial dispute-in-question, no fruitful
purpose would serve in continuing with the prosecution.
Therefore, to meet the ends of justice the criminal proceedings
pending against the petitioner under Section 498-A IPC deserve to
be quashed.
7. Accordingly, the petition is allowed. The criminal proceedings
pending against the petitioner are hereby quashed.
(SATISH KUMAR SHARMA),J
Simple Kumawat /115
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