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2021 DIGILAW 2 (RAJ)

Ramavtar Yogi v. State Of Rajasthan

2021-01-04

SATISH KUMAR SHARMA

body2021
JUDGMENT Satish Kumar Sharma, J. - The Petition has been filed under Section 482 Cr.P.C. for quashing of criminal proceedings pending against the petitioners in Cr. Case No. 289/2017, State of Rajasthan Vs. Ramavtar Yogi & ors., pending in the court of Additional Civil Judge and Metropolitan Magistrate No.09, Jaipur Metropolitan-II, Jaipur for offence under Sections 323, 341, 504, 147 and 149 IPC at P.S. Vidhyadhar Nagar, Jaipur Metro, Jaipur on the basis of compromise entered between the parties. 2. Heard learned counsel for both the sides and perused the material made available on record. 3. Learned counsel for the petitioners submits that the criminal case is pending against the petitioner under Sections 323, 341, 504, 147 and 149 IPC. Now, compromise has been arrived at between the complainant-wife and the accused-petitionerhusband. On the basis of compromise, the petitioner has been acquitted of the charge under Section 323, 341, 149 and 504 IPC, but the trial has been directed to be continued for remaining offence under Section 147 IPC. Being family dispute and in view of peaceful settlement between the husband and wife the criminal proceedings in this case deserve to be quashed. 4. Learned Public Prosecutor submits that appropriate order may be passed in the matter. 5. It is well settled legal position as expounded by the Hon'ble Supreme Court of India in State of Madhya Pradesh Vs. Laxmi Narayan, (2019) 5 SCC 688 that the criminal proceedings can be quashed under Section 482 Cr.P.C. on the basis of compromise in matrimonial or family disputes. 6. Thus, in view of compromise in matrimonial dispute-inquestion, no fruitful purpose would serve in continuing with the prosecution. Therefore, to meet the ends of justice the criminal proceedings pending against the petitioner under Section 147 IPC before the trial court deserve to be quashed. 7. Accordingly, the petition is allowed. The criminal proceedings pending against the petitioner in Cr. Case No. 289/2017 pending in the court of Additional Civil Judge and Metropolitan Magistrate No.09, Jaipur Metropolitan-II, Jaipur are hereby quashed.