Rajasthan High Court
Himmat Singh Kaviya Son Of Shri ... 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. 962/2021
1. Himmat Singh Kaviya Son Of Shri Laxman Singh Kaviya,
Aged About 40 Years, Resident Of 368-A, Sector A,
Saraswati Nagar, Jodhpur (Rajasthan).
2. Laxman Singh Kaviya Son Of Late Shri Gopaldan, Aged
About 73 Years, Resident Of 368-A, Sector A, Saraswati
Nagar, Jodhpur (Rajasthan).
3. Smt. Sohan Kanwar, Wife Of Shri Laxman Singh Kaviya,
Aged About 70 Years, Resident Of 368-A, Sector A,
Saraswati Nagar, Jodhpur (Rajasthan).
4. Smt. Anjana, Wife Of Kuldeep Singh Bhada, Daughter Of
Shir Laxman Singh Kaviya, Aged About 47 Years, Resident
Of 368-A, Sector A, Saraswati Nagar, Jodhpur
(Rajasthan).
----Petitioners/Accused
Versus
1. State Of Rajasthan, Through P.P.
----Respondent
2. Smt. Renu. Wife Of Himmat Singh Kaviya, Daughter Of
Shri Himmat Singh Bareth, Aged About 40 Years,
Resident Of B-213, Janta Colony, Jaipur (Rajasthan).
----Respondent/Claimant
For Petitioner(s) : Mr. Sumer Chand Sharma
For Respondent(s) : Mr. F.R. Meena, PP
Mr. Satyam Khandelwal
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 a criminal case
No.1160/2014, State Vs. Himmat & Ors. pending in the Court of learned
Additional Civil Judge & Metropolitan Magistrate No.8, Jaipur
(2 of 3) [CRLMP-962/2021]
Metropolitan-I arising out of FIR No.16/2010 dated 08.02.2010
registered at Police Station Mahila Thana, District Jaipur City (East) 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 08.09.2020, quashed
the proceedings qua Section 406 I.P.C. being compoundable; but,
declined to quash the proceedings qua Section 498A 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 08.09.2020, quashed the
proceedings qua Section 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.1160/2014, State Vs.
Himmat & Ors. pending in the Court of learned Additional Civil Judge &
(3 of 3) [CRLMP-962/2021]
Metropolitan Magistrate No.8, Jaipur Metropolitan-I arising out of FIR
No.16/2010 dated 08.02.2010 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
PRAGATI/137
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