Rajasthan High Court - Jodhpur
Aashutosh vs State Of Rajasthan (2023:Rj-Jd:20453) on 10 July, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:20453]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3685/2023
Aashutosh S/o Sh. Bal Ram Bhama, Aged About 36 Years, R/o
Flat No. -211 Ganpati Paradise Central Spine Vidhyadhar Nagar
Dist. Jaipur Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Bhawna W/o Sh. Aashutosh D/o Sh. Amarchand,
R/o Bajarwada Chowk Dist. Nagaur Raj.
----Respondents
For Petitioner(s) : Mr. Kaushal Gautam
For Respondent(s) : Ms. Anita Gehlot, PP
Mr. Saurabh Soni
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 10/07/2023 The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 04.02.2020 passed before the learned Additional Senior Civil Judge & Additional Chief Judicial Magistrate, Nagaur in CRC No.149/2013 whereby the learned Judge has partly allowed the application filed by the petitioner under Section 320 Cr.P.C and compound the offences under Sections 323, 420, 406 of IPC and denied to compound the offences under Sections 498A and 120B of IPC.
Counsel for the parties submit that the petitioner and respondent No.2-complainant are husband and wife and they 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 vide impugned (Downloaded on 12/11/2023 at 02:18:38 AM) [2023:RJ-JD:20453] (2 of 2) [CRLMP-3685/2023] order dated 04.02.2020 has refused to compound the offences under Sections 498A & 120B of IPC on the basis of compromise, therefore, it is prayed that the order dated 04.02.2020 refusing to compund the offences under Sections 498A & 120B IPC may be quashed and the criminal proceedings against the petitioner for offence under Sections 498A & 120B 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 04.02.2020 refusing to compound the offences under Sections 498A & 120B IPC is liable to be set aside.
Accordingly, the order dated 04.02.2020 passed by the trial court to the extent refusing to compound the offences under Sections 498A & 120B IPC is hereby set aside on the basis of the compromise arrived at between the parties and the offences under Sections 498A & 120B IPC are compounded. The criminal proceedings pending against the petitioner before the learned Senior Civil Judge & Additional Chief Judicial Magistrate, Nagaur in CRC No.149/2013 for offences under Sections 498A and 120B IPC are also hereby quashed.
The misc. petition is disposed of accordingly.
(MANOJ KUMAR GARG),J 108-raksha/-
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