Rajasthan High Court
Rahul Mehta S/O Shushil Kumar ... vs State Of Rajasthan on 8 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3430/2020
Rahul Mehta S/o Shushil Kumar Mehta, Aged About 27 Years, R/o A-
10 B Kirti Nagar, Tonk Road Jaipur, Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Ankita Kumaria W/o Rahul Mehta D/o Anil Kumaria, Aged
About 24 Years, R/o 47 A Ground Floor, DDCL Residency CD
Block Dadu Dayal Nagar Muhana Mandi Road, Sanganer,
Jaipur.
----Respondents
For Petitioner(s) : Mr. Kailash Chand Katara for
Mr. Gaurav Jain
For Respondent(s) : Mr. F.R. Meena, PP
For Complainant : Mr. Sumer Singh with
Mr. Vikas Gangwal
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
08/02/2021
This criminal miscellaneous petition under Section 482 Cr.P.C. has
been filed for quashing the criminal proceedings in the criminal case
No.19188/2020, State Vs. Rahul Mehta pending in the Court of learned
Metropolitan Magistrate No.9 Jaipur Metropolitan-I, Jaipur arising out of
FIR No.33/2020 dated 07.02.2020 registered at Police Station Mahila
Thana, District Jaipur City (East) for offence under Sections 498-A, 406,
323 and 354 of I.P.C..
Learned counsel for the petitioner submitted that the matrimonial
dispute between the parties has amicably been settled. He submitted
that the learned trial Court has, vide order dated 21.07.2020, quashed
the proceedings qua Sections 406 and 323 IPC being compoundable;
(2 of 2) [CRLMP-3430/2020]
but, declined to quash the proceedings qua Section 498-A IPC being
non-compoundable. Relying on the judgment of the Hon'ble Supreme
Court in B.S. Joshi & Ors. Vs. State of Haryana & Anr., 2003 (4)
SCC 675, he submitted that the proceedings under Section 498-A IPC
be also quashed.
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 arising out of FIR in question is
quashed.
Heard learned counsel for the parties and perused the record.
A perusal of the material on record shows that the matrimonial
dispute between the parties has amicably been settled between them
and the learned trial Court vide its order dated 21.07.2020, quashed
the proceedings qua Sections 406 and 323 IPC on the basis of
compromise. In view of compromise between the parties and the law
laid down by the Hon'ble Supreme Court in case of B.S. Joshi & Ors.
(Supra), this Court deems it just and proper to allow this criminal
miscellaneous petition.
Resultantly, this criminal miscellaneous petition is allowed. The
criminal proceedings in criminal case No.19188/2020, State Vs. Rahul
Mehta pending in the Court of learned Metropolitan Magistrate No.9
Jaipur Metropolitan-I, Jaipur arising out of FIR No.33/2020 dated
07.02.2020 registered at Police Station Mahila Thana, District Jaipur
City (East) for offence under Section 498-A of I.P.C. are quashed.
(MAHENDAR KUMAR GOYAL),J
Sudha/143
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