Rohit Pandey S/O Ashok Pandey vs State Of Rajasthan
2021 Latest Caselaw 5571 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 6248/2021
Rohit Pandey S/o Ashok Pandey, Aged About 31 Years, R/o C-40,
Barket Nagar Extension, Tonk Road, Gandhi Nagar, Jaipur,
Rajasthan.
                                                        ----Accused-Petitioner
                                   Versus
1.      State Of Rajasthan, Through P.P.
2.      Aakanshal Rawal D/o Hari Shankar Rawal, Aged About 24
        Years, R/o House No. 1368, Pitliyon Ka Chowk, Lal Haweli
        Maghana Bhawan, Johari Bazar, Jaipur, Rajasthan.
                                                                ----Respondents

For Petitioner(s) : Mr. Mohammad Aslam For Respondent(s) : Mr. F.R. Meena, PP Mr. Moshin 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 for offence

under Section 498-A of IPC in the Criminal Case No. 519/2019

titled as State Vs. Rohit Pandey pending in the Court of learned

Additional Civil Judge and Metropolitan Magistrate No.10, Jaipur

Metropolitan-II, Jaipur.

Learned counsel for the petitioner submitted that the

matrimonial dispute between the parties has amicably been

settled. He submitted that the learned trial Court has, vide order

dated 13.09.2021, quashed the proceeding qua Section 406 of IPC

being compoundable; but, declined to acknowledge the same qua

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

judgment of the Hon'ble Supreme Court in B.S. Joshi & Ors. Vs.

State of Haryana & Anr., 2003 (4) SCC 675, he submitted that

(2 of 2) [CRLMP-6248/2021]

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 criminal proceeding is

quashed.

Heard learned counsel 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 between them and the learned trial Court vide its order

dated 13.09.2021, quashed the proceedings qua Section 406 of

IPC 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 & Ors.

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

proceeding pending against the petitioner.

Resultantly, this criminal miscellaneous petition is allowed.

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

Criminal Case No. 519/2019 titled as State Vs. Rohit Pandey

pending in the Court of learned Additional Civil Judge and

Metropolitan Magistrate No.10, Jaipur Metropolitan-II, Jaipur is

quashed.

(MAHENDAR KUMAR GOYAL),J

MADAN/106

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