Rajasthan High Court - Jodhpur
Manish Kumar Chaubey vs State Of Rajasthan (2023:Rj-Jd:24083) on 28 July, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:24083]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4238/2023
1. Manish Kumar Chaubey S/o Shri Devendra Kumar
Chaubey, Aged About 34 Years, R/o Tower 10, G-004
Ansal Orchard County Sector 115 S.o.a.s. Nagar Mohali ,
2Nd Address Gali No. 5-F Khushal Nagar Sector -5 Near
Natania Dai Mandir Varanasi
2. Devendra Kumar Chaubey S/o Shri Sukhsagar Chaubey,
Aged About 62 Years, R/o Tower 10, G-004 Ansal Orchard
County Sector 115 S.o.a.s. Nagar Mohali , 2Nd Address
Gali No. 5-F Khushal Nagar Sector -5 Near Natania Dai
Mandir Varanasi
3. Shyam Devi W/o Shri Devendra Kumar Chaubey, Aged
About 57 Years, R/o Tower 10, G-004 Ansal Orchard
County Sector 115 S.o.a.s. Nagar Mohali , 2Nd Address
Gali No. 5-F Khushal Nagar Sector -5 Near Natania Dai
Mandir Varanasi
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Mrs. Chhaya Kumari Shukla W/o Manish Kumar Chaubey
D/o Mr. Sataynarayan Shukla, Aged About 34 Years, R/o
Mr. Niketan 6, C-178 Kudi Bhagatasani Housing Board
Jodhpur
----Respondents
For Petitioner(s) : Mr. Ripudaman
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. Salman Agha
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 28/07/2023 The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioners against the order dated 15.04.2023 passed by the learned Special Judge and Metropolitan Magistrate (PCPNDT Cases), (Downloaded on 12/11/2023 at 03:33:20 AM) [2023:RJ-JD:24083] (2 of 3) [CRLMP-4238/2023] Jodhpur Metro in Case No.167/2018 whereby the learned Judge has compound the offence under Section 406 of IPC and denied 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 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 order dated 15.04.2023 has refused to compound the offence under Section 498A of IPC on the basis of compromise, therefore, it is prayed that the order dated 15.04.2023 refusing to compund the offences 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 15.04.2023 refusing to compound the offences under Section 498A of IPC is liable to be set aside.
Accordingly, the order dated 15.04.2023 passed by the trial court to the extent 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 are compounded. The criminal proceedings pending against the petitioners before the learned Special Judge and Metropolitan Magistrate (PCPNDT Cases), (Downloaded on 12/11/2023 at 03:33:20 AM) [2023:RJ-JD:24083] (3 of 3) [CRLMP-4238/2023] Jodhpur Metro in Case No.167/2018 for offences under Section 498A IPC are also hereby quashed.
The misc. petition is disposed of accordingly.
(MANOJ KUMAR GARG),J 111-raksha/-
(Downloaded on 12/11/2023 at 03:33:20 AM) Powered by TCPDF (www.tcpdf.org)