Chanchal Dhingra S/O Late Shri Jai ... vs State Of Rajasthan
2021 Latest Caselaw 2269 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 2308/2021

Chanchal Dhingra S/o Late Shri Jai Dayal Dhingra, Aged About 33
Years, R/o Dhingra Bhawan Post Office Wali Galli Nawabpura
Mohalla, District Alwar.

                                                           ----Accused/Petitioner

                                      Versus

1.      State Of Rajasthan, Through Public Prosecutor.
                                                                      ----Respondent

2. Smt. Nidhi Marwah D/o Yogesh Kumar Marwah, Aged About 29 Years, R/o Near Shria Hospital Shiv Colony, Shahpura, District Jaipur.

                                                 ----Complainant/Respondent


For Petitioner(s)           :     Mr.Ram Babu Khandelwal
For Respondent(s)           :     Mr. F.R. Meena, PP
                                  Mr. Naveen Verma

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

26/03/2021

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

has been filed for quashing the proceeding for offence under Section

498-A of IPC in criminal Case No.903/2018 (NCV 2129/2018), State

of Rajasthan versus Chanchal Dhingra pending in the Court of

learned Additional Chief Judicial Magistrate Shahpura, District Jaipur.

Learned counsel for the petitioner submitted that the

proceeding pending against her arises out of a matrimonial

relationship between the parties which has amicably been settled. He

submitted that the learned trial Court has, vide order dated

15.02.2021, quashed the proceeding qua Section 406 IPC being

compoundable; but, declined to acknowledge the same qua Section

(2 of 2) [CRLMP-2308/2021]

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

dated 25.01.2021 (Annexure-2) and judgment of the Hon'ble

Supreme Court in case B.S. Joshi & Ors. Vs. State of 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 proceeding 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 on

the basis of compromise and the learned trial Court vide its order

dated 15.02.2021 quashed the proceeding qua Section 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 & Ors. (supra), this Court deems it just and proper to quash

the proceeding against the petitioner.

Resultantly, this criminal miscellaneous petition is allowed. The

the proceeding for offence under Section 498-A of IPC criminal case

No.903/2018 (NCV 2129/2018), State of Rajasthan versus Chanchal

Dhingra pending in the Court of learned Additional Chief Judicial

Magistrate Shahpura, District Jaipur is quashed.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/88

Powered by TCPDF (www.tcpdf.org)