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2019 DIGILAW 1376 (RAJ)

Sudanshu Joshi v. State of Rajasthan, Through PP

2019-05-06

MANOJ KUMAR GARG

body2019
JUDGMENT 1. This misc. petition has been filed against the judgment dated 18.05.2018 passed by the learned Judicial Magistrate, Jodhpur in Criminal Case No. 59/2015, by which, the learned trial court accepted the compromise for offence under Section 406 IPC and refused to accept compromise under Section 498-A IPC. 2. Learned counsel for the petitioner has argued that the complainant-respondent No. 2 and the petitioner have already entered into compromise and on the basis of it, there is no possibility of conviction of the petitioner for the offences punishable under Sections 498-A IPC. It is also argued that no useful purpose would be served by continuing the trial against the petitioner for the offences punishable under Sections 498-A IPC because the same may derail the compromise arrived at between the parties. 3. Learned counsel for the respondent No. 2 has admitted that the parties have already entered into compromise and resolved their dispute amicably and the respondent No. 2 does not want to press the charges levelled against the petitioner in relation to offences punishable under Sections 498-A IPC. 4. Having considered the facts and circumstances of the case, since the petitioner and complainant have arrived at compromise and settled their dispute and in the view of the law laid down by the Honble Apex court in the case of B.S. Joshi v. State of Haryana, reported in 2003 (4) SCC p. 675 in which it has been held that the proceedings under Section 498A IPC can be quashed, there is no possibility of accused-petitioner being convicted in the case pending against him. When once the disputes have been settled by the mutual compromise, then no useful purpose would be served by keeping the criminal proceedings pending. 5. Keeping in view the observations made by the Honble Supreme Court in B.S. Joshi case (supra), this Court is of the opinion that it is a fit case, wherein the criminal proceedings pending against the petitioner can be quashed while exercising powers under Section 482 Cr.P.C. 6. Accordingly, this criminal misc. petition is allowed and the criminal proceedings pending before the trial court against the petitioner is hereby quashed. 7. Stay petition is disposed of.