HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 133/2021
1. Sohanlal Jangid Son Of Shri Shambhu Dayal Jangid, Aged
About 32 Years, Resident Of Jatwara Kala, District And Tehsil
Sawai Madhopur (Raj.)
2. Shambhu Dayal Son Of Shri Unknown, Aged About 57
Years, Resident Of Jatwara Kala, District And Tehsil Sawai
Madhopur (Raj.)
3. Smt. Geeta Bai, Wife Of Shri Shambhu Dayal, Aged About
54 Years, Resident Of Jatwara Kala, District And Tehsil Sawai
Madhopur (Raj.)
----Accused-Petitioners
Versus
1. State Of Rajasthan, Through P.P.
2. Manisha Jangid Wife Of Shri Sohan Lal, Daughter Of Shri
Rameshchand Jangid, Aged About 28 Years, Resident Of 1-
P-24, Mahaveer Nagar, Vistaar Yojana, Kota (Raj.)
----Non-Petitioners
For Petitioner(s) : Mr. Pawan Kumar Verma
For Respondent(s) : Mr. F.R. Meena, PP
Mr. Vivek Gaur HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 27/01/2021 This criminal miscellaneous petition has been filed for quashing the criminal proceedings pending against the petitioner in criminal Case No.187/2019, State of Rajasthan vs. Sohanlal, in the Court of Judicial Magistrate No.3, Kota North under Sections 498-A of I.P.C.
Learned counsel for the petitioner submitted that the matrimonial dispute has amicably been settled between the parties. He submitted that vide its order dated 23.10.2020, the learned trial Court has quashed the proceedings under Section 406 I.P.C being compoundable on the basis of compromise between the parties; but, (Downloaded on 29/01/2021 at 09:53:04 PM) (2 of 2) [CRLMP-133/2021] rejected the same qua Section 498-A I.P.C being non-compoundable. He prayed that in view of the compromise between the parties, further proceedings under Section 498-A I.P.C. be also quashed against the petitioner. He relied on the judgments of Hon'ble Apex Court of India in cases of Gian Singh Vs. State of Punjab & Anr., JT 2012 (9) SC- 426, B.S. Joshi & Ors. Vs. State of Haryana & Anr., 2003 Cri.L.J. 2028 & Narinder Singh & Ors. Vs. State of Punjab & Anr., 2014 Cr.L.R. (SC) 351 in this regard.
Learned Public Prosecutor has opposed the criminal miscellaneous petition.
Learned counsel appearing for the complainant acknowledging the factum of compromise between the parties, submitted that he has no objection if the criminal proceedings pending against the petitioner under Section 498-A I.P.C. is quashed.
Heard learned counsels for the parties and perused the record. From the material on record, this Court is satisfied that the matrimonial dispute between the parties has amicably been settled by way of compromise. In view of compromise and law laid down by Hon'ble Apex Court of India in cases of Gian Singh (supra), B.S. Joshi (supra) & Narinder Singh (supra), criminal proceeding against the petitioner in criminal Case No.187/2019, State of Rajasthan vs. Sohanlal pending in the Court of Judicial Magistrate No.3, Kota North under Section 498-A of IPC. is quashed.
Resultantly, this criminal miscellaneous petition is allowed.
(MAHENDAR KUMAR GOYAL),J PRAGATI/134 (Downloaded on 29/01/2021 at 09:53:04 PM) Powered by TCPDF (www.tcpdf.org)