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2019 DIGILAW 3031 (RAJ)

Nena Ram @ Vijendra Singh v. State of Rajasthan

2019-12-16

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 27.11.2019 passed the learned Judicial Magistrate, Aspur, District Dungarpur in Regular Criminal Case No.262/2013 whereby the learned Magistrate refused to compound the offence under Section 498A IPC. 2. It is submitted by learned counsel for the parties that the petitioners and the respondent No.2-complainant are the family members. 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 27.12.2019 may be quashed and the offence under Section 498A IPC may be compounded and the criminal proceedings against the petitioner may be quashed. 3. Learned counsel for the respondent No.2 has admitted that the parties have already entered into compromise the respondent No.2 does not want to press the charges levelled against the petitioner in relation to offences punishable under Sections 498A IPC. 4. Having considered the facts and circumstances of the case, since the petitioner(s) and complainant 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 27.11.2019 refusing to compound the offence under Section 498A IPC is liable to be set aside. 5. Accordingly, the order dated 27.11.2019 passed by the trial court 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 compounded. The criminal proceedings pending against the petitioners in Regular Criminal Case No.262/2013 (State Vs. Nena Ram & Vijendra Singh & ors.) qua the petitioners are hereby quashed. 6. The misc. petition is disposed of accordingly.