Rajasthan High Court - Jodhpur
Azaz vs State on 20 November, 2020
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1188/2020
Azaz S/o Shri Mohammed Usman, Aged About 31 Years, By
Caste Musalman, R/o Kabir Nagar, Bheel Basti, Sursagar,
Jodhpur.
----Petitioner
Versus
1. State, Through P.p.
2. Smt. Mumtaz W/o Azaz D/o Late Shri Abdul Jabbar, By
Caste Musalman, age 31 years, R/o Kabir Nagar, Bheel
Basti, Sursagar, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Ashok Joshi
For Respondent(s) : Mr. Sudhir Tak, PP
Mr. A.K. Dobhal, for respondent No.2
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 20/11/2020 This instant criminal petition has been filed against the order dated 25.07.2019 passed by the learned Special Addl. Chief Metropolitan Magistrate (PCPNDT Act Cases) Jodhpur Metropolitan. Vide order dated 25.07.2019, the learned Magistrate refused to compound the offence under Section 498-A IPC.
The accused-petitioner and the complainant are present in Court. They have moved a joint compromise application in which it has been stated that the compromise has arrived at between them and they have settled their dispute amicably, therefore, the criminal proceedings for offence under Section 498-A IPC may be quashed.
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(2 of 2) [CRLMP-1188/2020] Counsel for the petitioner submits that the petitioner and respondent No.2/complainant are husband and wife. They have entered into a compromise in the spirit of Lok Adalat and now they are living together happily.
Having considered the facts and circumstances of the case, since the petitioner and complainant have arrived at compromise and settled their dispute and presently they are living together happily as husband and wife 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 498-A IPC can be quashed because it is the matrimonial matter, the criminal proceedings for offence under Section 498-A IPC are liable to be quashed.
Accordingly, the order dated 25.07.2019 passed by the trial court refusing to compound the offence under Section 498-A IPC is hereby set aside on the basis of the compromise arrived at between the parties and the offence under Section 498-A IPC is compounded. The criminal proceedings pending against the petitioner in Criminal Original Case No.3027/2019 (C.N.R. No.3880/2019) are hereby quashed.
Stay petition is also disposed of accordingly.
(MANOJ KUMAR GARG),J 63-Ishan/-
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