Rajasthan High Court - Jodhpur
Robin Singh vs State Of Rajasthan on 20 July, 2019
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3791/2019
1. Robin Singh S/o Shree Jabar Singh, Aged About 27 Years
(accused)
2. Smt. Kiran Kanwar W/o Shree Jabar Singh, Aged About
52 Years (accused)
Both B/c Rawana Rajput, R/o 152 Balaji Nagar In Front Of
Pal Balaji, Pal Road, Jodhpur.
----Petitioners
Versus
1. State Of Rajasthan
2. Smt. Poonam W/o Robin Singh D/o Shree Shankar Singh,
Aged About 25 Years, B/c Rawana Rajput, R/o Near
Shitala Mata Temple, Behind Ramdev Temple, Gali No. 2,
Kaga Colony, Jodhpur (Complainant)
----Respondents
For Petitioner(s) : Mr.Rajendra Singh Baghela, Adv.
For Respondent(s) : Mr.Mahipal Bishnoi, PP (1)
MR.Mool Singh Bhati, Adv. (2)
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 20/07/2019 The instant misc. petition under Section 482 Cr.P.C. has been filed against the order dated 27.05.2019 passed by the learned Additional Civil Judge & Metropolitan Magistrate No.2, Jodhpur Metropolitan in Criminal Regular Case No.4/2018, by which the learned Magistrate refused to compound the offence under Section 498-A IPC.
It is submitted by learned counsel for the parties that the petitioner and respondent No.2-complainant are husband and wife. They have entered into a compromise in the spirit of Lok (Downloaded on 01/09/2019 at 11:15:40 PM) (2 of 2) [CRLMP-3791/2019] Adalat. The copy of compromise has been produced before the trial court but the trial court has refused to compound the offence under Section 498A IPC on the basis of compromise. It is prayed that in view of the compromise arrived in between the parties, the order dated 27.05.2019 may be quashed and the offence under Section 498A IPC may also be compounded and the criminal proceedings against the petitioner may 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 02.03.2019 refusing to compound the offence under Section 498A IPC is liable to be set aside.
Accordingly, the order dated 27.05.2019 passed by the trial court refusing to compound the offence under Section 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 in Criminal Regular Case No.4/2018 are hereby quashed.
The misc. petition is allowed accordingly.
(MANOJ KUMAR GARG),J 323-NK/-
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