Rajasthan High Court - Jodhpur
Neeraj Gupta vs State Of Rajasthan (2023:Rj-Jd:22747) on 21 July, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:22747]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4081/2023
1. Neeraj Gupta S/o Sh. Suman Kumar Gupta, Aged About
49 Years, 3/2 Mahesh Nagar, Indore, P.s. Malargarh,
Indore (M.p.).
2. Suman Gupta S/o Radha Krishna Ji Gupta, Aged About 78
Years, 3/2 Mahesh Nagar, Indore, P.s. Malargarh, Indore
(M.p.).
3. Smt. Bindu Sugandhi W/o Ramesh Sugandhi, Aged About
50 Years, 01/7 Mahesh Nagar, Indore.
4. Smt. Sonali Nagar W/o Shudhir Kumar Nagar, Aged About
45 Years, 107, Lodhipura, P.s. Mallarganj, Indore.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Reena W/o Neeraj Gupta, 29, Gaukulpura,
University Road, Udaipur.
----Respondents
For Petitioner(s) : Mr. Hemank Vaishnav
For Respondent(s) : Ms. Anita Gehlot, PP
Mr. Naresh Khatri
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 21/07/2023 The instant criminal misc. petition has been filed by the petitioners against the order dated 21.06.2023 passed by learned Chief Judicial Magistrate, Udaipur in Regular Criminal Case No.1371/2021 arising out of FIR No.22/2002, PS Mahila Thana, Udaipur whereby the learned Judge attested and acquitted the petitioners for offence under Section 406 IPC on the strength of compromise arrived at between the parties, however, he rejected the same for offence under Section 498-A IPC as the same being non-compoundable.
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[2023:RJ-JD:22747] (2 of 2) [CRLMP-4081/2023] Counsel for the parties submit that the petitioner No.1 and respondent No.2 are husband and wife. 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 has refused to compound the offence under Section 498A IPC as the same being non-compoundable, therefore, it is prayed that the order dated 21.06.2023 may be quashed and set aside to the extent of refusing to compound the offence under Section 498-A IPC.
Having considered the facts and circumstances of the case, since the petitioner No.1 and respondent No.2 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 21.06.2023 to the extent of refusing to compound the offence under Section 498A IPC is liable to be set aside.
Accordingly, the order dated 21.06.2023 passed by the trial court to the extent of 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 hereby compounded.
The misc. petition is disposed of accordingly. Stay petition also decided accordingly.
(MANOJ KUMAR GARG),J 120-MS/-
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