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Rajasthan High Court · body

2019 DIGILAW 2644 (RAJ)

Gaurav Jain v. State of Rajasthan

2019-10-04

MANOJ KUMAR GARG

body2019
JUDGMENT Manoj Kumar Garg, J. - The instant misc. petition under Section 482 Cr.P.C. has been filed against the order dated 26.07.2019 passed by the learned Additional Chief Judicial Magistrate No.2, Udaipur whereby the learned Judge accepted the settlement application to the extent of offence under Sections 406 IPC but refused to compound the offence under Section 498A IPC on the basis of compromise. 2. Counsel for the petitioner submits that the petitioner and respondent No.2 are husband and wife. They have entered into a compromise in the spirit of Lok Adalat. The copy of compromise has been produced before the trial court but the trial court has refused to compound the offence under Section 498A IPC on the basis of compromise, therefore, it is prayed that the order dated 26.07.2019 may be quashed and set aside to the extent of refusing to compound the offence under Section 498A IPC. 3. Having considered the facts and circumstances of the case, since the petitioner and respondent No.2 have arrived at compromise and settled their dispute and in the view of the law laid down by the Hon'ble Apex court in the case of B.S. Joshi Vs. State of Haryana, (2003) 4 SCC 675 in which it has been held that the proceedings under Section 498A IPC can be quashed because it is the matrimonial matter, the order dated 26.07.2019 to the extent of refusing to compound the offence under Section 498A IPC is liable to be set aside. 4. Accordingly, the order dated 26.07.2019 passed by the trial court to the extent of refusing to compound the offence under Section 498A IPC is hereby set aside on the basis of the compromise arrived at between the parties and the offence under Section 498A IPC is hereby compounded. 5. The misc. petition is disposed of accordingly. Stay petition also decided accordingly.