Research › Search › Judgment

Rajasthan High Court · body

2020 DIGILAW 687 (RAJ)

Prachi Agarwal v. State of Rajasthan

2020-11-02

MANOJ KUMAR GARG

body2020
JUDGMENT : Manoj Kumar Garg, J. 1. The instant misc. petition under Section 482 Cr.P.C. has been filed for quashing of criminal proceedings pending before the learned Judicial Magistrate No. 3, Bikaner in Criminal Case No. 69/2015. Vide order dated 03.02.2020, the learned Magistrate refused to compound the offence under Section 498A IPC. 2. It is submitted by learned counsel for the parties that the petitioner-complainant and the respondent No. 2 are wife and husband. 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 03.02.2020 to that extent may be quashed and the offence under Section 498A IPC may also be compounded and the criminal proceedings against the respondent-husband may be quashed. 3. Having considered the facts and circumstances of the case, since the petitioner-complainant 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, reported in 2003 (4) SCC p. 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 03.02.2020 refusing to compound the offence under Section 498A IPC is liable to be set aside. 4. Accordingly, the order dated 03.02.2020 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 while compounding the offence under Section 498A IPC, the criminal proceedings pending against the respondent No. 2 in Criminal Case No. 69/2015 are hereby quashed. The misc. petition is disposed of accordingly.