Jitendra Kayath S/O Jagdish ... vs State Of Rajasthan
2021 Latest Caselaw 5839 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous (Petition) No. 6595/2021

Jitendra Kayath S/o Jagdish Kayath, R/o 1- Dhanko Ka Mohlla,
Shri Kishanpur, Vidhani, Jaipur, Raj.
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through P.p.
2.      Smt Nisha Dehran W/o Jitendra Kayath D/o Rakesh
        Kumar, R/o A-28, Shiv Vatika, Mangyawas, Jaipur, Raj.
                                                                ----Respondents

For Petitioner(s) : Ms. Shobha Sharma for Mr. Sunil Kumar Jain For Complainant(s) : Mr. Narsi prasad Sharma For State : Mr. F.R. Meena, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

25/10/2021

1. Petitioner has preferred this criminal misc. petition under

Section 482 Cr.P.C. seeking quashing of the proceedings pending

before the trial Court under Section 498-A of IPC.

2. It is contended by counsel for the petitioner that there was

matrimonial dispute between the petitioner and the Respondent

No.2. Now they have amicably settled their dispute and has

started residing together. A compromise has been filed before the

Court below and Court below has compounded the offence under

Section 406 of IPC and the offence under Section 498-A of IPC is

non-compoundable, the same is not compounded.

3. The fact that parties have amicably settled their dispute is

not disputed by the counsel for the complainant. He has no

(2 of 2) [CRLMP-6595/2021]

objection to quashing of the proceedings pending before the trial

Court.

4. I have considered the contentions.

5. In view of the fact that there was matrimonial dispute

between the parties and they have amicably settled their dispute

and has started staying together, a compromise with this regard

has also been filed before the Court below and Court blow has

compounded the offence under Section 406 IPC, I deem it proper

to allow the misc. petition.

6. Accordingly, Criminal Misc. Petition is allowed and

proceedings pending before the Court below are quashed.

(PANKAJ BHANDARI),J

ARTI SHARMA /119

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