Yogesh Kumar Gurjar S/O Lt. Sh. ... vs State Of Rajasthan
2021 Latest Caselaw 273 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 3778/2020

Yogesh Kumar Gurjar S/o Lt. Sh. Shrawan Kumar, Aged About 36
Years, R/o Plot No. 134, Lajpat Nagar, Jagatpura, Jaipur,
Presently R/o Aanchal Residency, Mahal Road, Pratap Nagar,
Sanganer, Jaipur, Raj.
                                                                      ----Petitioner
                                      Versus
1.      State of Rajasthan, through PP
2.      Smt. Saroj W/o Shri Yogesh D/o Ram Singh Gurjar, R/o
        Saithal Mode, Ayodhya Nagar, Dausa At Present R/o
        Aanchal Residency, Mahal Road, Pratap Nagar Sanganer,
        Jaipur, Raj.
                                                                   ----Respondents

For Petitioner(s) : Mr. Sayed Amir Ali Rizvi For Respondent(s) : Mr. Atul Sharma, P.P. For Complainant Mr. Vishu Shankar Badaya

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

13/01/2021

This criminal miscellaneous petition has been filed with a

prayer to quash the criminal proceedings in Criminal Case

No.1019/2017, State versus Yogesh Kumar pending in the Court

of learned Additional Chief Judicial Magistrate, Dausa.

It is contended by the learned counsel for the petitioner that

the aforesaid criminal proceedings arise out of FIR No.203/2016

registered under Sections 498-A & 406 IPC. He submitted that it

being a matrimonial dispute, the same has amicably been settled

between the complainant and the petitioner. He submitted that the

compromise dated 14.08.2020 was submitted before the learned

(2 of 2) [CRLMP-3778/2020]

trial Court to quash the proceedings; but, the learned trial Court

has quashed the proceedings qua Section 406 IPC being

compoundable; but, declined to quash the proceedings qua

Section 498-A IPC. Relying on the judgment of the Hon'ble Apex

Court in case of B.S. Joshi & Ors. versus State of Haryana &

Anr., 2003 Cri.L.J. 2028, learned counsel for the petitioner

prayed that the criminal proceedings qua Section 498-A IPC be

also quashed against him.

Learned Public Prosecutor has opposed the petition.

Learned counsel appearing for the complainant

acknowledging the factum of compromise between the parties,

submitted that he has no objection if the pending proceedings

against the petitioner under Section 498-A IPC is quashed.

Heard learned counsel for the parties and perused the

record.

Taking into consideration the submissions advanced by the

learned counsels for the parties, the compromise dated

14.08.2020 and the law laid down by the Hon'ble Apex Court in

case of B.S. Joshi (supra), this Court deems it just and proper to

allow this criminal miscellaneous petition.

Resultantly, this criminal miscellaneous petition is allowed.

The proceeding in criminal case No.1019/2017, State versus

Yogesh Kumar pending in the Court of learned Additional Chief

Judicial Magistrate, Dausa against the petitioner is quashed.

(MAHENDAR KUMAR GOYAL),J

Manish/39

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