Rajasthan High Court - Jodhpur
Sushil Singh Beniwal vs State Of Rajasthan (2023:Rj-Jd:20225) on 7 July, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:20225]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3363/2023
1. Sushil Singh Beniwal S/o Shri Kaur Singh Beniwal, Aged
About 37 Years, R/o Village Nandewali, Vpo Amarsingh
Wala, Tehsil Pilibanga, District Hanumangarh.
2. Kaur Singh S/o Hakam Singh Beniwal, Aged About 64
Years, R/o Village Nandewali, Vpo Amarsingh Wala, Tehsil
Pilibanga, District Hanumangarh.
----Petitioners
Versus
1. State Of Rajasthan
2. Smt. Renu W/o Sushil Singh Beniwal, D/o Laxman Das
Verma, R/o C/o Sunil Verma, Tirupati Balaji Complex,
Near Alok School, Panchwati, District Udaipur.
----Respondents
For Petitioner(s) : Mr.R.C.Joshi, Adv.
For Respondent(s) : Mr.Gaurav Singh, PP
Mr.Vivek Aggarwal on behalf of
Mr.Vipin Makkad, Adv.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 07/07/2023 This criminal misc. petition under Section 482 Cr.P.C. has been preferred for quashing of the criminal proceedings pending against the petitioners before the court of Additional Chief Judicial Magistrate No.1, Udaipur against the petitioners in Regular Criminal Case No.57/2017. Learned Magistrate while compounding the offence under Section 406 IPC refused to attest the compromise for the offence under Section 498-A IPC vide order dt. 12.04.2023.
(Downloaded on 12/11/2023 at 02:12:17 AM) [2023:RJ-JD:20225] (2 of 3) [CRLMP-3363/2023] It is submitted by learned counsel for the petitioners that the petitioner No.1 and the respondent No.2-complainant are husband and wife. The parties have entered into a compromise in the spirit of 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, therefore, it is prayed that the order dated 12.04.2023 to that extent may be quashed and the offence under Section 498A IPC may also be compounded and the criminal proceedings against the petitioners 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 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 12.04.2023 refusing to compound the offence under Section 498A IPC is liable to be set aside.
Accordingly, the order dated 12.04.2023 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 (Downloaded on 12/11/2023 at 02:12:17 AM) [2023:RJ-JD:20225] (3 of 3) [CRLMP-3363/2023] Section 498A IPC, the criminal proceedings in Regular Criminal Case No.57/2017 pending before the court Additional Chief Judicial Magistrate No.1, Udaipur qua the petitioners are hereby quashed.
The misc. petition is disposed of accordingly. Stay petition is also disposed of.
(MANOJ KUMAR GARG),J 32-NK/-
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