Kapil Chahar S/O Shri Nihala Ram vs State Of Rajasthan
2021 Latest Caselaw 5566 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 5057/2021

1.     Kapil Chahar S/o Shri Nihala Ram, aged about 34 years,
2.     Nihala Ram S/o Shri Mukandaram,
3.     Smt. Kamla W/o Nihala Ram,
       All R/o Plot No. 3, Shiv Nagar-Ist, Gauras Bhandar Ke
       Samne Wal Gali, Murlipura, Jaipur.
                                                       ----Accused-Petitioners
                                     Versus
1.     State Of Rajasthan, Through Public Prosecutor.
                                                ----Respondent

2. Smt. Ekta Chahar W/o Kapil Chahar D/o Shri Mahendra Singh, Aged About 31 Years, R/o Pichanwa, Tehsil Surajgarh, Thana Chirawa, District Jhunjhunu (Raj.) At Present R/o Plot No. 3, Shiv Nagar-Ist, Gauras Bhandar Ke Samne Wal Gali, Murlipura, Jaipur.

                                             ----Complainant-Respondents


For Petitioner(s)        :     Mr. Nishant Sharma
For Respondent(s)        :     Mr. F.R. Meena, PP
                               Mr. Govind Prasad Rawat for
                               complainant(s)

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

04/10/2021 This criminal miscellaneous petition under Section 482 Cr.P.C.

has been filed for quashing the criminal proceeding under Sections

498-A & 406 of IPC in the Criminal Case No.297/2017, State

versus Kapil Chahar & Ors. pending in the Court of learned Judicial

Magistrate, Chirawa, District Jhunjhunu arising out of FIR

No.398/2016 registered at Police Station Chirawa, District

Jhunjhunu.

Learned counsel for the petitioners submitted that the

criminal proceeding pending against him arises out of matrimonial

dispute between the parties which has amicably been settled.

(2 of 2) [CRLMP-5057/2021]

Relying on the compromise dated 12.08.2021, he submitted that

since the matter has amicably been settled between the parties,

the pending criminal proceeding is liable to be quashed in view of

the judgment of the Hon'ble Apex Court of India in case of B.S.

Joshi & Ors. Vs. State of Haryana & Anr., 2003 (4) SCC 675.

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 criminal proceeding is

quashed.

Heard the 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. In view thereof and

the law laid down by the Hon'ble Supreme Court in case of B.S.

Joshi (Supra), this Court deems it just and proper to quash the

criminal proceeding against the petitioners.

Resultantly, this criminal miscellaneous petition is allowed.

The criminal proceeding under Sections 498-A & 406 of IPC in the

Criminal Case No.297/2017, State versus Kapil Chahar & Ors.

pending in the Court of learned Judicial Magistrate, Chirawa,

District Jhunjhunu arising out of FIR No.398/2016 registered at

Police Station Chirawa, District Jhunjhunu is quashed.

(MAHENDAR KUMAR GOYAL),J

MADAN/66

Powered by TCPDF (www.tcpdf.org)