Anand Singh Shekhawat S/O Shri ... vs State Of Rajasthan
2021 Latest Caselaw 783 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 6241/2020

Anand Singh Shekhawat S/o Shri Raghuveer Singh, Aged About 39
Years, R/o Village Madani Manda Police Station Khatu Shyam Ji,
Distt. Sikar Raj.

                                                          ----Accused-Petitioner

                                    Versus

1.      State Of Rajasthan, Through P.P.
                                                                ----Respondent

2. Smt. Palavi Rathore W/o Anand Singh, Aged About 31 Years, R/o A-1/15, LIC Flates, Sector No. 2, Vidhyadhar Nagar, Jaipur Raj.

                                            ----Non-Petitioner-Complainant


For Petitioner(s)         :     Mr. Amrit Prasad Sharma
For Respondent(s)         :     Mr. F.R. Meena, PP
                                Mr. Ajit Singh Lunia



       HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

                                     Order

27/01/2021

This criminal miscellaneous petition has been filed for quashing

the criminal proceedings pending against the petitioner in criminal

case No.1640/2011, State Vs. Anand Singh in the Court of Additional

Civil Judge and Metropolitan Magistrate No.9, Jaipur Metropolitan-II,

Jaipur under Section 498-A of I.P.C.

Learned counsel for the petitioner submitted that the

matrimonial dispute has amicably been settled between the parties.

He submitted that vide its order dated 01.12.2020, the learned trial

Court has quashed the proceedings under Section 406 I.P.C being

compoundable on the basis of compromise between the parties; but,

rejected the same qua Section 498-A I.P.C being non-compoundable.

(2 of 2) [CRLMP-6241/2020]

He prayed that in view of the compromise between the parties,

further proceedings under Section 498-A I.P.C. be also quashed

against the petitioner. He relied on the judgments of Hon'ble Apex

Court of India in cases of Gian Singh Vs. State of Punjab & Anr.,

JT 2012 (9) SC- 426, B.S. Joshi & Ors. Vs. State of Haryana &

Anr., 2003 Cri.L.J. 2028 & Narinder Singh & Ors. Vs. State of

Punjab & Anr. reported in 2014 Cr.L.R. (SC) 351 in this regard.

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 pending against the

petitioner under Section 498-A I.P.C. is also quashed.

Heard learned counsels for the parties and perused the record.

From the material on record, this Court is satisfied that the

matrimonial dispute between the parties has amicably been settled

by way of compromise. In view of compromise and law laid down by

Hon'ble Apex Court of India in cases of Gian Singh (supra), B.S.

Joshi (supra) & Narinder Singh (supra), criminal proceedings

against the petitioner in criminal case No.1640/2011, State Vs.

Anand Singh in the Court of Additional Civil Judge and Metropolitan

Magistrate No.9, Jaipur Metropolitan-II, Jaipur under Section 498-A

of I.P.C. are quashed.

Resultantly, this criminal miscellaneous petition is allowed.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/121

Powered by TCPDF (www.tcpdf.org)