Rajasthan High Court
Murarilal Meena S/O Shri Failiram ... vs State Of Rajasthan on 22 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 696/2021
Murarilal Meena S/o Shri Failiram Meena, R/o Near Ayyapa Mandir
Aravali Colony Chor Dungri Alwar Presently Posted T G T English G
B S S Khanpur No-2 New Delhi
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through The Public Prosecutor
2. Geeta Meena D/o Shri Nathuram Meena, Teejki Bawari
Premn Nagar Alwar.
----Complainant-Non-Petitioner
For Petitioner(s) : Mr. Manish Gupta
For Respondent(s) : Mr. Atul Sharma, PP
Ms. Shweta Soni
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
22/02/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the criminal proceeding in criminal case
No.1772/2016, State Vs. Murarilal Meena pending in the Court of
learned Additional Chief Judicial Magistrate No.3, Alwar for offence
under Sections 498-A I.P.C. arising out of FIR No.237/2014 dated
18.08.2014 registered at Police Station Mahila Thana, District Alwar.
Learned counsel for the petitioner submitted that the FIR in
question arises out of matrimonial dispute between the parties which
has amicably been settled. He submitted that the learned trial Court
has, vide order dated 22.11.2019, quashed the proceeding qua
Section 4 of Dowry Prohibition Act, 1961 being compoundable; but,
declined to quash the proceedings qua Section 498-A I.P.C. being
(2 of 2) [CRLMP-696/2021]
non-compoundable. Relying on the judgment of the Hon'ble Supreme
Court in case of B.S. Joshi & Ors. Vs. State of Haryana & Anr.,
2003 (4) SCC 675, he submitted that the proceeding under Section
498-A 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 proceeding 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 22.11.2019, quashed the
proceeding qua Section 4 of Dowry Prohibition Act, 1961 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 to quash the
criminal proceeding pending against the petitioner.
Resultantly, this criminal miscellaneous petition is allowed. The
criminal proceeding in criminal case No.1772/2016, State Vs.
Murarilal Meena pending in the Court of learned Additional Chief
Judicial Magistrate No.3, Alwar for offence under Sections 498-A
I.P.C. arising out of FIR No.237/2014 dated 18.08.2014 registered at
Police Station Mahila Thana, District Alwar, is quashed.
(MAHENDAR KUMAR GOYAL),J
Pragati/256
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