Citation : 2021 Latest Caselaw 6771 Raj/2
Judgement Date : 22 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7235/2021
Mohit Kumar Son Of Vishnu Chand Trivedi, Aged About 28 Years,
Resident Of Baman Baroda, Police Station, Sadar, Gangapur City,
District Sawai Madhopur.
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Smt. Priyanka Wife Of Mohit Kumar Daughter Of Kedar
Lal, Resident Of Chatikana Mohallan, Karauli, District
Karauli (Rajasthan).
----Respondents
For Petitioner(s) : Mr. Rajneesh Gupta For Complainant(s) : Mr. Mukesh Kumar Goyal For State : Mr. F.R. Meena, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
22/11/2021
1. Petitioners have preferred this misc petition seeking
quashing of proceeding in Criminal Misc. Case No. 100/2017
pending before the learned Chief Judicial Magistrate, Karauli,
District Karauli.
2. It is contended by counsel for the petitioners that there was
a matrimonial dispute between the complainant and petitioner.
Parties have amicably settled their dispute and the parties have
started residing together. It is also contended that compromise
was filed before the court below. Court has compounded the
offence under Section 406 of IPC but, as offence under Section
498-A is non-compoundable, the same was not compounded.
(2 of 2) [CRLMP-7235/2021]
3. Counsel for the complainant has not disputed the fact of
parties having entered into compromise and also the fact that
parties have started staying together.
4. I have considered the contentions.
5. In view of the fact that the present case is matrimonial
dispute and parties have amicably settled their dispute and started
staying together, no purpose would be served in continuing the
proceedings in order to maintain the harmony between the
parties, I deem it proper to allow the misc. petition.
6. Hence, the misc. petition is allowed. Proceeding in Criminal
Misc. Case No. 100/2017 pending before the learned Chief Judicial
Magistrate, Karauli, District Karauli is quashed.
7. Stay application stands disposed.
8. A copy of this order be sent to the concerned Magistrate.
(PANKAJ BHANDARI),J
NIKHIL KR. YADAV /75
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