Rajasthan High Court - Jodhpur
Laxman Sodha vs State Of Rajasthan (2023:Rj-Jd:34986) on 13 October, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:34986]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6376/2023
Laxman Sodha S/o Shri Mool Singh Sodha, Aged About 34 Years,
R/o- Dola Dungri, Rohiyapada, Agore Gadra Chouraha, Sadar
Barmer.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Chandra Kanwar W/o Shri Laxman Sodha, R/o-
Gajanand Colony, Gajanand Mandir Vali Gali, Suthla P.s.
Pratapnagar, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Ashok Patel
For Respondent(s) : Mr. SK Mehar, PP assisted by Mr.
Prakash Panwar
Mr. Shravan Sainee
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 13/10/2023 The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 02.09.2023 passed before the learned Special Additional Chief Metropolitan Magistrate (PCPNDT Act Cases), Jodhpur Metro in Criminal Case No.195/2018 (NCV No.367/2019) whereby the learned Magistrate has compound the offence under Section 406 of IPC and refused to compound the offence under Section 498A of IPC.
Counsel for the parties submit that the petitioner No.1 and respondent No.2-complainant are husband and wife and parties have entered into a compromise in the spirit of Lok Adalat. The copy of compromise has been produced before the trial court but the trial court (Downloaded on 12/11/2023 at 07:39:46 AM) [2023:RJ-JD:34986] (2 of 2) [CRLMP-6376/2023] vide impugned order dated 02.09.2023 has refused to compound the offence under Section 498A of IPC on the basis of compromise, therefore, it is prayed that the order dated 02.09.2023 refusing to compund the offence under Section 498A IPC may be quashed and the criminal proceedings against the petitioner for offence under Section 498A IPC may also be quashed.
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 because it is the matrimonial matter, the order dated 02.09.2023 refusing to compound the offence under Section 498A IPC is liable to be set aside.
Accordingly, misc. petition is allowed and the order dated 02.09.2023 passed by the trial court to the extent refusing to compound the offence under Sections 498A IPC is hereby set aside on the basis of the compromise arrived at between the parties and the offence under Section 498A IPC is compounded. The criminal proceedings pending against the petitioner before the learned Special Additional Chief Metropolitan Magistrate (PCPNDT Act Cases), Jodhpur Metro in Criminal Case No.195/2018 (NCV No.367/2019) for offence under Section 498A are also hereby quashed.
Stay petition also stands disposes of.
(MANOJ KUMAR GARG),J 285-raksha/-
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