Rajasthan High Court
Arvind Kumar Sharma S/O Shri Nand ... vs State Of Rajasthan on 10 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 994/2021
Arvind Kumar Sharma S/o Shri Nand Kishore Sharma, Aged
About 29 Years, Resident Of 753 Acharya Ka Rasta, Kishanpole
Bazar, Jaipur. Presently Residing At Plot No. 39 Radhey Krishan
Colony, Govindpura Niwaru Link Road, Niwaru, Jhotwara, Tehsil-
Jaipur District -Jaipur (Raj).
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor, Rajasthan
High Court, Jaipur Bench Jaipur.
2. Smt. Saroj Sharma W/o Shri Arvind Kumar Sharma D/o
Shri Chhitarmalsharma, Aged About 27 Years, Resident Of
Bagichi Ki Dhani, Sirsi, Post Lunwa, Tehsil-Nawan,
District-Nagour (Raj). Pin 341509
(Complainant-Respondent)
----Respondents
For Petitioner(s) : Mr. Babulal Jat for
Mr. Bhanu Prakash Sharma
For Respondent(s) : Mr. F.R. Meena, PP
For Complainant : Mr. Kamal Kant Sharma
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
10/02/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the criminal proceedings in the
criminal case No.596/2018, State of Rajasthan Vs. Arvind Kumar
Sharma pending in the Court of learned Additional Civil Judge and
Metropolitan Magistrate No.11 Jaipur Metropolitan-II, Jaipur
arising out of FIR No.41/2018 dated 05.04.2018 registered at
Police Station Mahila Thana, District Jaipur (West) for offence
under Sections 498-A, 406 and 323 of I.P.C..
(2 of 3) [CRLMP-994/2021]
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 27.01.2021, quashed the proceedings qua Section 406 of
IPC being compoundable; 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 27.01.2021, quashed the proceedings qua Section 406 of
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 the criminal case No.596/2018, State
of Rajasthan Vs. Arvind Kumar Sharma pending in the Court of
learned Additional Civil Judge and Metropolitan Magistrate No.11
(3 of 3) [CRLMP-994/2021]
Jaipur Metropolitan-II, Jaipur arising out of FIR No.41/2018 dated
05.04.2018 registered at Police Station Mahila Thana, District
Jaipur (West) for offence under Section 498-A of I.P.C. are
quashed.
(MAHENDAR KUMAR GOYAL),J
Sudha/136
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