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Sunil @ Sumer vs State on 2 December, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6434/2019

Sunil @ Sumer S/o Shri Suresh Khan @ Surja Ram, Aged About
23 Years, By Caste Mirasi, R/o Khariya Bera, Jatawas, Jhanwas,
Jhanwar, District Jodhpur.

—-Petitioner
Versus

1. State, Through P.p.

2. Smt. Shobha W/o Sunil D/o Shri Nimba Ram, By Caste
Dum Dhadi, R/o Village Salawas, District Jodhpur.

—-Respondents

For Petitioner(s) : Mr. Tarun Dhaka
For Respondent(s) : Mr. Gaurav Singh, PP
Dr. Manjula Choudhary

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

02/12/2019

This instant criminal misc. petition has been filed for

quashing of charge-sheet filed against the petitioner for offence

under Sections 498A, Section406 IPC arising out of FIR No.0108/2018 PS

Mahila (West), Jodhpur on the basis of compromise arrived at

between the parties.

Counsel for the parties submits that the petitioner and

respondent No.2 are husband and wife. They have entered into a

compromise in the spirit of Lok Adalat. The photo-stat copy of

compromise is already available on record, therefore, it is prayed

that the impugned charge-sheet filed against the petitioner may

be quashed and set aside.

(Downloaded on 02/12/2019 at 08:49:59 PM)

(2 of 2) [CRLMP-6434/2019]

Having considered the facts and circumstances of the case,

since the petitioner and respondent No.2 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 impugned

charge-sheet filed against the petitioner for offence under

Sections 498A, Section406 IPC arising out of FIR No.0108/2018 PS Mahila

(West), Jodhpur is liable to be quashed and set aside.

Accordingly, the impugned charge-sheet filed against the

petitioner for offence under Sections 498A, Section406 IPC arising out of

FIR No.0108/2018 PS Mahila (West), Jodhpur is hereby quashed

and set aside on the basis of the compromise arrived at between

the parties.

The misc. petition is disposed of accordingly. Stay petition

also decided accordingly.

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

(Downloaded on 02/12/2019 at 08:49:59 PM)

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