Lakhan @ Om Prakash Dagoriya Son Of ... vs State Of Rajasthan
2021 Latest Caselaw 2036 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 1478/2021

Lakhan @ Om Prakash Dagoriya Son Of Ramesh Chand, Aged
About 33 Years, R/o D-12, Indira Nagar, Jhalana Dungari, Jaipur.
                                                                    ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through P.p.
2.      Shobhana @ Pushpa Rajawat Wife Of Shri Lakhan
        Dagoriya, D/o Shri Dharmendra Rajawat, Aged About 28
        Years, R/o A-176, Yagyashala Ki Bawari, Purani Basti,
        Jaipur.
                                                                 ----Respondents

For Petitioner(s) : Mr. Chitrank Sharma For Respondent(s) : Mr. Prashant Sharma, P.P.

For Complainant Mr. Sanjay Yadav

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

24/02/2021

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

has been filed for quashing the criminal proceeding under Section

498-A IPC arising out of FIR No.150/2013 registered at Police

Station Mahila Thana, District Jaipur City (North).

Learned counsel for the petitioner submitted that the

criminal proceeding arises out of matrimonial dispute between the

parties. He submitted that the learned trial Court has, vide order

dated 03.02.2021, quashed the proceeding qua Sections 406 IPC

being compoundable; but, declined to quash the proceeding qua

Sections 498-A IPC being non-compoundable. Relying on the

compromise application (Annexure-3) and judgment of the

Hon'ble Supreme Court in case of B.S. Joshi & Ors. Vs. State of

(2 of 2) [CRLMP-1478/2021]

Haryana & Anr., 2003 (4) SCC 675, he submitted that since

the matter has amicably been settled between the parties, 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

pending against the petitioner 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

03.02.2021 quashed the proceeding qua Sections 406 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 (supra), this Court deems it just and proper to quash

the criminal proceeding qua Section 498-A IPC also.

Resultantly, this criminal miscellaneous petition is allowed.

The criminal proceeding pending in the Court of learned

Metropolitan Magistrate No.3, Jaipur Metropolitan-II, Jaipur under

Section 498-A IPC arising out of FIR No.150/2013 registered at

Police Station Mahila Thana, District Jaipur City (North) is

quashed.

(MAHENDAR KUMAR GOYAL),J

Manish/233

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