Rajasthan High Court - Jodhpur
Ikbal Bano vs State Of Rajasthan (2023/Rjjd/009960) on 13 April, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023/RJJD/009960]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1714/2023
Ikbal Bano W/o Shri Hanif Seema, Aged About 50 Years, B/c
Muslim, R/o 100/0 Bank Colony Patiyala Punjab (Punjab)
----Petitioner
Versus
1. State Of Rajasthan
2. Sehnaj Bano W/o Shri Zahid Jamaal, Aged About 29
Years, D/o Roshanlal, B/c Muslim, R/o Sahu Enclave
Airforce Station Jodhpur District Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr.Firoz Khan, Adv.
Mr.Zaheer Abbas, Adv.
For Respondent(s) : Mr.Mool Singh Bhati, PP
Mr.Mohammed Akbar, Adv.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 13/04/2023 The instant misc. petition under Section 482 Cr.P.C. has been filed against the order dated 23.01.2023 passed by the learned Additional Civil Judge & Metropolitan Magistrate No.2, Jodhpur Metropolitan in Criminal Original Case No.63/2020 (NCV No.7042/2020) arising out of FIR No.168/2017, P.S. Mahila Thana, Jodhpur City East, by which the learned Magistrate refused to compound the offence under Section 498A IPC.
It is submitted by learned counsel for the petitioner that the petitioner is the mother-in-law of the respondent No.2- complainant. They have entered into a compromise in the spirit of (Downloaded on 13/04/2023 at 11:36:59 PM) [2023/RJJD/009960] (2 of 3) [CRLMP-1714/2023] Lok Adalat. A 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 the order dated 23.01.2023 to that extent may be quashed and the offence under Section 498A IPC may also be compounded and the criminal proceedings against the petitioner may be quashed.
Learned counsel for the respondent No.2 has admitted that the parties have already entered into compromise and resolved their dispute amicably and the respondent No.2 does not want to press the charges levelled against the petitioners in relation to offences punishable under Section 498A IPC.
Having considered the facts and circumstances of the case, since the complainant and the petitioner 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 23.01.2023 refusing to compound the offence under Section 498A IPC is liable to be set aside.
Accordingly, the order dated 23.01.2023 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 while compounding the offence under Section 498A IPC, the criminal proceedings pending against the petitioners in Criminal Original Case No.63/2020 (NCV (Downloaded on 13/04/2023 at 11:36:59 PM) [2023/RJJD/009960] (3 of 3) [CRLMP-1714/2023] No.7042/2020) arising out of FIR No.168/2017, P.S. Mahila Thana, Jodhpur City East are hereby quashed.
The criminal misc. petition is disposed of accordingly. Stay Petition also stands disposed of.
(MANOJ KUMAR GARG),J 53-NK/-
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