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2009 DIGILAW 169 (RAJ)

Bhagwan Nath v. State of Rajasthan

2009-01-20

DEO NARAYAN THANVI

body2009
JUDGMENT Deo Narayan Thanvi, J. - Notice of respondent No. 2 has been received with the report that she refused to accept it. Hence, the service is complete.2. While relying upon the decision of B.S. Joshi v. State of Haryana, reported in (2003) 4 SCC p. 675 , it has been contended by the learned counsel for the petitioners that the parties have entered into compromise for the offences under Sections 498-A and 406 I.P.C., which are not compoundable but in view of the above judgment, this Court should exercise the power under Section 482 Cr.P.C. to quash the criminal proceedings by way of compromise.3. I have perused the above cited judgment of the Hon'ble Supreme Court in which it has been held that it is the duty of the Court to encourage genuine settlement of matrimonial disputes by allowing compromise.4. In view of the above, this miscellaneous petition is allowed and the crindnal proceedings pending before the learned Civil Judge (JD) cum Judicial Magistrate, I Class, Bikaner in Criminal Case No. 196A/2001 for the offences under Sections 498-A and 406 I.P.C. are quashed and set aside. Petition allowed. *******