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2019 DIGILAW 3124 (RAJ)

Gaurav Jain v. State of Rajasthan

2019-12-19

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 25.11.2019 passed by the learned Metropolitan Magistrate, Jodhpur Metropolitan in Criminal Case No.15/2017, by which the learned Magistrate while allowing the parties to compound the offence under Section 406 IPC refused to compound the offence under Section 498A IPC. 2. It is submitted by learned counsel for the parties that the petitioner and respondent No.2-complainant 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 25.11.2019 may be quashed and the offence under Section 498A IPC may also 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 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 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 25.11.2019 refusing to compound the offence under Section 498A IPC is liable to be set aside. 5. Accordingly, the order dated 25.11.2019 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 in Criminal Case No15/2017 pending against the petitioner before the court of Metropolitan Magistrate, Jodhpur Metropolitan are hereby quashed. 6. The misc. petition is disposed of accordingly. Stay petition also decided accordingly.