Rajasthan High Court - Jodhpur
Jitendra Rao vs State Of Rajasthan (2023:Rj-Jd:31934) on 27 September, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:31934]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5758/2023
1. Jitendra Rao S/o Babulal Rao, Aged About 32 Years, R/o-
House No. 05, Veer Durgadas Colony, Masuriya, P.s.
Pratap Nagar, Jodhpur, Rajasthan.
2. Dinesh Rao S/o Babulal Rao, Aged About 34 Years, R/o-
House No. 05, Veer Durgadas Colony, Masuriya, P.s.
Pratap Nagar, Jodhpur, Rajasthan.
3. Prem W/o Babulal Rao, Aged About 63 Years, R/o- House
No. 05, Veer Durgadas Colony, Masuriya, P.s. Pratap
Nagar, Jodhpur, Rajasthan.
4. Vaijanti W/o Narendra Rao, Aged About 28 Years, R/o-
House No. 05, Veer Durgadas Colony, Masuriya, P.s.
Pratap Nagar, Jodhpur, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Rekha W/o Jitendra Rao, D/o Chainaram Rao, R/o-
Balaji Hill Colony, T.v. Tower Road, Third Turn, Durgadas
Vistar Colony, Masuriya, Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Harshil Vyas
For Respondent(s) : Mr. Arun Kumar, PP
Mr. KC Pancharia
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 27/09/2023 The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioners against the order dated 0 5.08.2023 passed before the learned Special Court of Additional Chief Metropolitan Magistrate (PCPNDT CASES), Jodhpur in Criminal Case No.344/2016 whereby the learned Magistrate has compound the (Downloaded on 12/11/2023 at 06:38:35 AM) [2023:RJ-JD:31934] (2 of 3) [CRLMP-5758/2023] 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 vide impugned order dated 05.08.2023 has refused to compound the offence under Section 498A of IPC on the basis of compromise, therefore, it is prayed that the order dated 05.08.2023 refusing to compund the offence under Section 498A IPC may be quashed and the criminal proceedings against the petitioners for offence under Section 498A IPC may also be quashed.
Having considered the facts and circumstances of the case, since the petitioners 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 05.08.2023 refusing to compound the offence under Section 498A IPC is liable to be set aside.
Accordingly, the order dated 05.08.2023 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 petitioners before the learned Special Court of Additional Chief Metropolitan Magistrate (PCPNDT CASES), Jodhpur in Criminal Case No.344/2016 for offence under Section 498A are also hereby quashed. (Downloaded on 12/11/2023 at 06:38:35 AM)
[2023:RJ-JD:31934] (3 of 3) [CRLMP-5758/2023] The misc. petition is disposed of accordingly. Stay petition also stands dispose of.
(MANOJ KUMAR GARG),J 343-raksha/-
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