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Vishal Sahni S/O Shri Kedar Nath … vs State Of Rajasthan on 11 December, 2019

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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(2 of 2) [CRLMP-7659/2019]

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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