HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7659/2019
Vishal Sahni S/o Shri Kedar Nath B/c Punjabi, Aged About 47
Years, R/o E-28, Sector-20, Noida, District Gautam Budh Nagar,
Up, Presently R/o 15 National Park 4, Ground Floor, Lajpat
Nagar-Iv, Police Station Amar Colony, New Delhi South 110024.
—-Petitioner
Versus
1. State Of Rajasthan, Through Pp.
2. Smt. Savita Singh Chouhan W/o Shri Vishal Sahni, D/o
Shri Manna Singh, Aged About 40 Years, R/o Ward No.16,
Khetri, District Jhunjhunu, Raj.
—-Respondents
For Petitioner(s) : Mr. Sandeep Singh Nirwan
For Respondent(s) : Mr. S.S. Ola, PP
Mr. Kunwar Ashok Veer Singh
HON’BLE MR. JUSTICE INDERJEET SINGH
Order
11/12/2019
1. Instant criminal Miscellaneous petition has been filed under
Section 482 Cr.P.C. for quashing of the proceedings pending in the
court of Senior Civil Judge-cum-A.C.J.M. Khetari, District
Jhunjhunu (Raj.) in Criminal Case No.1023/2018 arising out of the
F.I.R. No.503/2018 registered at Police Station Khetri, District
Jhunjhunu (Raj.) for the offence under Sections 406 and 498A of
I.P.C.
2. Counsel for the petitioner submitted that the accused-
petitioner (husband) and the complainant (wife) have settled their
dispute outside the court and they have entered into a
compromise. Counsel further submits that in view of the
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compromise, both the parties jointly filed an application before the
trial Court on 05.11.2019 for compounding the offences under
Sections 406 Section498A of I.P.C. The court below compounded the
offence under Section 406 I.P.C. but as offence under Section
498-A of I.P.C. is non-compoundable, the same is not
compounded.
3. The complainant alongwith her counsel present in court has
not disputed this fact that they have entered into a compromise
and they are living together peacefully.
4. Considering the facts and circumstances of the present case
and the fact that the parties have entered into a compromise, the
criminal misc. petition is allowed and the offence under Section
498-A of I.P.C. is compounded and the proceedings pending before
the Senior Civil Judge-cum-A.C.J.M. Khetari, District Jhunjhunu
(Raj.) in Criminal Case No.1023/2018 are hereby quashed.
5. The stay application also stands disposed of.
(INDERJEET SINGH),J
JYOTI /226
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