Mukesh Panwar vs State Of Rajasthan
2021 Latest Caselaw 7243 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1520/2021

1. Mukesh Panwar S/o Lt. Prem Singh Panwar, Aged About 31 Years, B/c Mali, R/o Kali Beri, Near Bus Stand, Soorsagar Jodhpur (Raj.).

2. Dhanwanti Panwar D/o Lt. Prem Singh Panwar, Aged About 24 Years, B/c Mali, R/o Kali Beri, Near Bus Stand, Soorsagar Jodhpur (Raj.).

3. Hemlata Panwar D/o Lt. Prem Singh Panwar, Aged About 23 Years, B/c Mali, R/o Kali Beri, Near Bus Stand, Soorsagar Jodhpur (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through Public Prosecutor

2. Smt. Neha D/o Sh. Labu Ram Sankhala, Aged About 25 Years, B/c Mali, R/o Fhulbagh, Bhabha Colony Mandore, Street Number 4, Jodhpur (Raj.).

----Respondents

For Petitioner(s) : Mr. Gajendra Panwar, Adv. For Respondent(s) : Mr. Mool Singh Bhati, PP Mr. Rajesh, Adv.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

15/03/2021

This instant criminal misc. petition has been filed by the

petitioners for quashing of FIR No.124/2016 registered at Police

Station Mahila Thana, Jodhpur East, District Jodhpur and all

consequential proceedings for offence under Sections 498-A & 406

IPC on the basis of compromise entered between the parties.

Counsel for the parties submit that the petitioner No.1 and

respondent No.2/complainant are husband and wife. They have

(2 of 2) [CRLMP-1520/2021]

entered into a compromise in the spirit of Lok Adalat and settled

their dispute amicably, therefore, the impugned FIR and all

consequential proceedings for offence under Sections 498-A & 406

IPC may be quashed on the basis of compromise.

Having considered the facts and circumstances of the case,

since the petitioners and complainant 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 for offence

under Section 498-A & 406 IPC is liable to be quashed.

Accordingly, the present misc. petition is allowed and the FIR

No.124/2016 registered at Police Station Mahila Thana, Jodhpur

East, District Jodhpur and all consequential proceedings for

offence under Sections 498-A & 406 IPC lodged against the

petitioners are hereby quashed on the basis of compromise deed.

(MANOJ KUMAR GARG),J 131-MS/-

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