Rajasthan High Court - Jodhpur
Chhota Ram Vishnoi vs State Of Rajasthan (2023/Rjjd/016266) on 19 May, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023/RJJD/016266]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2595/2023
Chhota Ram Vishnoi S/o Ratan Lal, Aged About 32 Years, R/o
village & Post Of Jaroda Khurd Ps Merta Road Dist. Nagaur Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Vidhya Vishnoi W/o Chota Ram Vishnoi D/o Mohan Lal,
R/o 45 Shrikant Nagar Near Jhalamand Court Jodhpur
----Respondents
For Petitioner(s) : Mr.Ram Sukh Sharma, Adv.
For Respondent(s) : Mr.N.S.Bhati, PP
Mr.Hari Singh, Adv.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 19/05/2023 This criminal misc. petition under Section 482 Cr.P.C. has been preferred for quashing of the criminal proceedings in Criminal Case No.75/2021 (NCV No.4652/2021) pending against the petitioner before the court of learned Special Additional Chief Metropolitan Magistrate (PCPNDT Act Cases), Jodhpur Metropolitan arising out of FIR No.05/2021, P.S. Mahila Thana, Jodhpur City West for offence under Sections 498-A, 406, 323 & 504 of IPC. Learned Magistrate while partly allowing the application filed by the parties refused to compound the offence under Section 498-A vide order dated 18.04.2023.
It is submitted by learned counsel for the parties that the petitioner and the respondent No.2-complainant are husband and wife. They have entered into a compromise in the spirit of Lok (Downloaded on 19/05/2023 at 10:58:31 PM) [2023/RJJD/016266] (2 of 3) [CRLMP-2595/2023] Adalat. The copy of compromise has been produced before the trial court but the trial court has refused to compound the offence under Section 498-A IPC on the basis of compromise, therefore, it is prayed that the order dated 18.04.2023 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 498-A 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 18.04.2023 refusing to compound the offence under Section 498A IPC is liable to be set aside.
Accordingly, the order dated 18.04.2023 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 Section 498A IPC, the criminal proceedings pending against the petitioner in Criminal Case No.75/2021 (NCV No.4652/2021) are hereby quashed.
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[2023/RJJD/016266] (3 of 3) [CRLMP-2595/2023] The misc. petition is disposed of accordingly. Stay petition also decided accordingly.
(MANOJ KUMAR GARG),J 43-NK/-
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