Rajasthan High Court - Jodhpur
Anil Kumar vs State Of Rajasthan (2023:Rj-Jd:27728) on 2 September, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:27728]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4884/2023
Anil Kumar S/o Jethmal, Aged About 39 Years, R/o Ward No. 24
Near to Ganga Mata Temple Bidasar Dist. Churu
----Petitioner
Versus
1. State Of Rajasthan,
2. Nilam Kuldeep D/o Devi Lal Kuldeep W/o Anil Kumar,
Aged About 34 Years, R/o Ward No. 24 Presently R/o At
Ragaro Ka Mohala Badli Tehsil And Dist. Nagaur
----Respondents
For Petitioner(s) : Mr.Vijay Bishnoi, Adv.
For Respondent(s) : Mr.Vikram Sharma, PP
Mr.Gaurav Vishnoi, Adv.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 02/09/2023 This criminal misc. petition under Section 482 Cr.P.C. has been preferred for quashing of the criminal proceedings pending against the petitioner before the court of Chief Judicial Magistrate, Distt. Nagaur in Criminal Misc. Case No.2495/2023 arising out of FIR No.88/2022, P.S. Mahila Thana Nagaur for offence under Sections 498-A, 406 & 384 of IPC. Learned Magistrate while partly allowing the application filed by the parties refused to compound the offence under Section 498-A IPC vide order dated 20.07.2023.
It is submitted by learned counsel for the petitioner that the petitioner and the respondent No.2-complainant are husband and wife. They have entered into a compromise in the spirit of Lok Adalat. An application along with copy of compromise was produced before the trial court but the trial court refused to compound the offence under Section 498A IPC on the basis of compromise, therefore, it is prayed that the order dated (Downloaded on 12/11/2023 at 05:20:51 AM) [2023:RJ-JD:27728] (2 of 2) [CRLMP-4884/2023] 20.07.2023 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 petitioner in relation to offences punishable under Section 498A IPC.
Having considered the facts and circumstances of the case, since the petitioner 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 20.07.2023 refusing to compound the offence under Section 498A IPC is liable to be set aside.
Accordingly, the order dated 20.07.2023 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 petitioner in Criminal Misc. Case No.2495/2023 are hereby quashed.
The misc. petition is disposed of accordingly.
(MANOJ KUMAR GARG),J 233-NK/-
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