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IN THE HIGH COURT OF RAJASTHAN
Manoj Kumar Garg, J.
Hemant Sen @ Banti - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 1327 of 2021
Decided on : 02-03-2021
Compounding - Section 498A IPC - The court quashed the proceedings of a criminal case and allowed the compounding of the offence under Section 498A IPC based on the compromise between the parties, citing 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.
Fact of the Case:
The petitioner and the complainant, who are husband and wife, entered into a compromise in the spirit of Lok Adalat. The trial court refused to compound the offence under Section 498A IPC based on the compromise.
Finding of the Court:
The court considered the compromise between the parties and 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, and set aside the proceedings of the criminal case, allowing the compounding of the offence under Section 498A IPC.
Issues: Quashing of criminal proceedings, Compounding of offence under Section 498A IPC
Ratio Decidendi: The court relied on the compromise between the parties and the legal principle established by the Hon'ble Apex court in the case of B.S. Joshi Vs. State of Haryana, (2003) 4 SCC 675, which allows for the quashing of proceedings under Section 498A IPC in matrimonial matters.
Final Decision: The proceedings of the criminal case refusing to compound the offence under Section 498A IPC were set aside, and the offence under Section 498A IPC was compounded based on the compromise between the parties.
JUDGMENT
Manoj Kumar Garg, J. - The instant misc. petition under Section 482 Cr.P.C. has been filed for quashing of proceedings of Regular Criminal Case No.740/2016 (CIS No.2612/16) pending the Court of Addl. Chief Judicial Magistrate No.2, Udaipur, 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 petitioner No.1 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 criminal proceedings in Criminal Case No.740/16 (CIS No.2612/16) may be quashed and the offence under Section 498A IPC may be compounded.
3. 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 proceedings of the criminal case No.740/16 (CIS No.2612/16) refusing to compound the offence under Section 498A IPC is liable to be set aside.
4. Accordingly, the proceedings of Criminal Case No.740/16 (CIS No.2612/16) pending the court of Addl. Chief Judicial Magistrate No.2, Udaipur, 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.
5. The misc. petition is disposed of accordingly.
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