Rajasthan High Court
Mrs. Manisha Choudhary W/O Mr. ... vs State Of Rajasthan on 9 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 983/2021
Mrs. Manisha Choudhary W/o Mr. Sandeep Kumar Daughter Of
Shri Om Prakash Chodhary Aged Adult, Resident Of 23
Jgnathpura Colony, Jharkhand Mod, Jaipur Vaishali Nagar (West),
Rajasthan.
----Applicant
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Mr. Sandeep Kumar S/o Mr. Ranveer Singh Mud,
Constable Chitor Garh Police Line, Rajasthan And
Permanently Resident Of Village Togada Swaroop Singh,
Tehsil And Distt Jhunjhunu, Rajasthan.
----Non-Applicants
For Petitioner(s) : Mr. Mahendra Kumar Sharma
For Respondent(s) : Mr. F.R. Meena, PP
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
09/02/2021
This criminal miscellaneous petition under Section 482 Cr.P.C. has
been filed for quashing the criminal proceedings in the criminal case
No.330/2018, State Vs. Sandeep pending in the Court of learned Upper
Civil Judge & Metropolitan Magistrate No.10, Jaipur Metro-II arising out
of FIR No.149/2018 dated 08.08.2018 registered at Police Station
Mahila Thana, District Jaipur City (West) for offence under Sections
498-A & 406 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 29.01.2021, quashed
the proceedings qua Section 406 I.P.C. being compoundable; but,
(2 of 2) [CRLMP-983/2021]
declined to quash the proceedings qua Section 498-A I.P.C 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 I.P.C. 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 counsels 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 by them and the
learned trial Court vide its order dated 29.01.2021, quashed the
proceedings qua Sections 406 I.P.C. 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 a criminal case No.No.330/2018, State Vs.
Sandeep pending in the Court of learned Upper Civil Judge &
Metropolitan Magistrate No.10, Jaipur Metro-II arising out of FIR
No.149/2018 dated 08.08.2018 registered at Police Station Mahila
Thana, District Jaipur City (West) for offence under Section 498-A of
I.P.C. are quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/179
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