Nazim S/O Mohd. Iqbal vs State Of Rajasthan
2021 Latest Caselaw 1537 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 899/2021

Nazim S/o Mohd. Iqbal, Aged About 28 Years, R/o. Plot No. 283,
Molana Ki Masjid, Bahir, District Tonk (Raj.)
                                                        ----Accused/Petitioner
                                   Versus
1.     State of Rajasthan, through P.P.
2.     Smt. Tabassum W/o. Mohd. Nazim, D/o Sh. Nizamudeen,
       Aged About 26 Years, R/o- 108, Moti Vihar, Panchyawala,
       Sirsi Road, Jaipur , Rajasthan.
                                              ----Respondent/Complainant

For Petitioner(s)        :     Mr. Azhar Ali
For Respondent(s)        :     Mr. F.R. Meena, P.P.
                               Mr. Indrapal Jakhar

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 11/02/2021

This criminal miscellaneous petition under Section 482 Cr.P.C.

has been filed for quashing the criminal proceedings pending in

the Court of learned Additional Civil Judge and Metropolitan

Magistrate No.10, Jaipur Metropolitan-II, Jaipur arising out of FIR

No.414/2019 registered at Police Station Mahila Thana, District

Jaipur (West) for offence under Sections 498-A, 406, 323, 341 &

315 of IPC.

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 14.12.2020, quashed the proceedings qua Section 406 of

IPC being compoundable; but, not under Section 498-A of IPC

being non-compoundable. Relying on the judgment of the Hon'ble

Supreme Court in B.S. Joshi & Ors. Vs. State of Haryana &

(2 of 2) [CRLMP-899/2021]

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 14.12.2020, 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 quash the criminal proceedings pending against the

petitioner.

Resultantly, this criminal miscellaneous petition is allowed.

Criminal proceedings pending in the Court of learned Additional

Civil Judge and Metropolitan Magistrate No.10, Jaipur

Metropolitan-II, Jaipur arising out of FIR No.414/2019 registered

at Police Station Mahila Thana, District Jaipur (West) for offence

under Sections 498-A of IPC is quashed.

(MAHENDAR KUMAR GOYAL),J

Manish/121

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