Dinesh Kumar vs State Of Rajasthan
2021 Latest Caselaw 788 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 86/2021

Dinesh Kumar S/o Late Shyam Bihari, Aged About 27 Years, By Caste Valmiki, R/o Outside Vishvakarmagate P.s. Nayasahar, Bikaner.

----Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Smt. Manju Devi W/o Dinesh Kumar, Aged About 23 Years, By Caste Valmiki, R/o Outside Vishvakarmagate P.s. Nayasahar, Bikaner.

----Respondents

For Petitioner(s) : Mr. Hari Shanker Shrimali. For Respondent(s) : Ms. Rajlaxmi Singh Choudhary, P.P.

Mr. Narpat Singh Rathore, on behalf of respondent No.2.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

12/01/2021

Mr. Narpat Singh Rathore, Adv., appeared on behalf of

respondent No.2, therefore service is complete.

This instant criminal misc. petition has been filed under

Section 482 Cr.P.C. for quashing of FIR No. 309/2020, PS

Nayashahar, Bikaner for offence under Sections 323, 498-A, 307

IPC and all consequential proceedings on the basis of compromise

arrived at between the parties.

Counsel for the parties submits that the petitioner and

respondent No.2 are husband and wife. They have entered into a

compromise in the spirit of Lok Adalat. A copy of compromise has

been annexed with the petition. Therefore, it is prayed that the

(2 of 2) [CRLMP-86/2021]

impugned FIR and all consequential proceedings against the

petitioner may be quashed and set aside.

Having considered the facts and circumstances of the case,

since the petitioner and respondent No.2 have arrived at

compromise and settled their dispute and in the view of the law

laid down by the Hon'ble Apex court in the case of B.S. Joshi Vs.

State of Haryana, reported in 2003 (4) SCC p.675 in which it has

been held that the proceedings under Section 498A IPC can be

quashed because it is the matrimonial matter, the impugned FIR

No. 309/2020, PS Nayashahar, Bikaner for offence under Sections

323, 498-A, 307 IPC and all consequential proceedings are liable

to be quashed and set aside.

Accordingly, the impugned FIR No. 309/2020, PS

Nayashahar, Bikaner for offence under Sections 323, 498-A, 307

IPC and all consequential proceedings lodged against the

petitioner are hereby quashed and set aside on the basis of the

compromise arrived at between the parties.

The misc. petition is disposed of accordingly. Stay petition

also decided accordingly.

(MANOJ KUMAR GARG),J 93-prashant/-

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