Rajasthan High Court
Sunil Kumar S/O Shri Manohar ... vs Smt. Sangeeta D/O Shri Bhajana Ram ... on 22 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1231/2021
Sunil Kumar S/o Shri Manohar Lal/ram, aged about 28 Years,
R/o Village -Sanwalnagar, Panchayat-Moolraj, Tehsil-Lohawat,
District-Jodhpur, Rajasthan.
----Petitioner
Versus
1. Smt. Sangeeta D/o Shri Bhajana Ram Manju W/o Shri
Sunil Kumar, aged about 27 Years, R/o 81, Aakrati
Apartment, Durga Vihar-D, Nangal Jesa Bohra, Jhotwara,
Jaipur. Presently Residing at Plot No. 74, Laxman Rekha
Colony, Niwaru Road, Nangal Jesa Bohra, Jhotwara, Jaipur
(Raj).
2. State of Rajasthan, through P.P.
----Respondents
For Petitioner(s) : Mr. Dinesh Bishnoi
For Respondent(s) : Mr. Ramesh Choudhary, P.P.
For Complainant Mr. Akhilesh Kumar Pareek
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 under Section
498-A of IPC pending in the Court of learned Additional Civil Judge
and Metropolitan Magistrate No.10, Jaipur Metropolitan-II, Jaipur
arising out of FIR No.429/2019 registered at Police Station Mahila
Thana, Jaipur City (West).
Learned counsel for the petitioner submitted that the FIR in
question arises out of a matrimonial dispute between the parties,
which has amicably been settled. He submitted that the learned
trial Court has, vide order dated 28.01.2021, quashed the
proceeding qua Section 406 IPC being compoundable; but,
declined to quash the proceeding qua Section 498-A IPC being
non-compoundable. Relying on the judgment of the Hon'ble
(2 of 2) [CRLMP-1231/2021]
Supreme Court in B.S. Joshi & Ors. Vs. State of Haryana &
Anr., 2003 (4) SCC 675, he submitted that the proceeding
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 proceeding
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 28.01.2021, quashed the proceeding 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 proceeding pending against the
petitioner.
Resultantly, this criminal miscellaneous petition is allowed.
Criminal proceeding under Section 498-A IPC pending in the Court
of learned Additional Civil Judge and Metropolitan Magistrate
No.10, Jaipur Metropolitan-II, Jaipur arising out of FIR
No.429/2019 registered at Police Station Mahila Thana, Jaipur City
(West) is quashed.
(MAHENDAR KUMAR GOYAL),J
Manish/168
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