Priyanka Meena W/O Jai Narayan ... vs State Of Rajasthan
2021 Latest Caselaw 2271 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 2292/2021

Priyanka Meena W/o Jai Narayan Meena, D/o Balram Meena,
Aged About 29 Years, R/o Plot No. 93, Mr. Janta Colony, Divakari
Mord, Alwar, Currently Plot No. 4, Bose Enclave, Goner Road,
Jaipur.
                                                                     ----Petitioner
                                     Versus
1.      State Of Rajasthan, Through Public Prosecutor.
2.      Jai Narayan Meena S/o Lat Shri Rampratap Meena, Aged
        About 37 Years, R/o Soniyo Ki Dhani, Motiwarda Tehsil,
        Rajgarh, District Alwar.
                                                                  ----Respondents

For Petitioner(s)          :     Ms. Anubha Singh
For Respondent(s)          :     Mr. F.R. Meena, P.P.
For Complainant                  Mr. Devanshu Sharma

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.1285/2019 (887/2018),

State of Rajasthan versus Jainarayan Meena pending in the Court

of learned Judicial Magistrate No.1, District Jaipur, Jaipur arising

out of FIR No.89/2018 registered at Police Station Mahila Thana,

Jaipur City (East).

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

25.02.2021, quashed the proceeding qua Section 406 IPC being

compoundable; but, declined to acknowledge the same qua

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

(2 of 2) [CRLMP-2292/2021]

compromise dated 25.02.2021 (Annexure-3) 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 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 25.02.2021 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 petitioners.

Resultantly, this criminal miscellaneous petition is allowed.

The proceeding for offence under Section 498-A of IPC in Case

No.1285/2019 (887/2018), State of Rajasthan versus Jainarayan

Meena pending in the Court of learned Judicial Magistrate No.1,

District Jaipur, Jaipur is quashed.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/85

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