HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 2803/2022

Praveen Kumar S/o Shri Ramesh Kumar Bhatt, Aged About 35

Years, B/c Brahmin, R/o Sarthala, P.s. Bhinmal, District Jalore

(Rajasthan)

----Petitioner

Versus

1.

State Of Rajasthan, Through Pp

2.

Mamta Devi W/o Praveen Kumar Bhatt, D/o Shri Om

Prakash, R/o Sarthala, Bhinmal, Jalore (Rajasthan)

----Respondents

For Petitioner(s)

:

Mr. Sravan Saini

For Respondent(s)

:

Mr. M. S. Bhati, P. P.

JUSTICE DINESH MEHTA

Order

17/05/2022

1.

By way of this criminal misc. petition under Section 482

Cr.P.C., the accused-petitioner has approached this Court with a

prayer to quash the proceedings pending before the Judicial

Magistrate, Bhinmal, Jalore in Criminal Case No.4026/2014 for the

offences punishable under Sections 498-A, 406 and 323 of IPC

mainly on the ground that the parties have entered into

compromise and amicably settled their dispute and now no

dispute remains between them.

2.

The brief facts are that on the First Information Report

lodged by the complainant-respondent, after investigation charge-

sheet for the aforesaid offences was filed against the accused-

petitioner and on that basis aforesaid criminal proceedings in Case

No.4026/2014 were initiated.

(2 of 3)

[CRLMP-2803/2022]

3.

During the trial, both the parties filed an application under

Section 320 of Cr.P.C. to permit compounding of the aforesaid

offences.

4.

The trial Court partly allowed the application and permitted

to compound the offence under Sections 406 & 323 of IPC vide

order dated 30.09.2021 but the prayer in respect of offence under

Section 498-A IPC was refused, as the same is not compoundable.

5.

In these circumstances, the petitioner has approached this

Court by way of this petition to quash the aforesaid criminal

proceedings pending before the trial Court on the ground that the

parties have resolved their dispute.

6.

On consideration of submissions made on behalf of the

respective parties; the material made available for my perusal and

considering that the petitioner and complainant are husband and

wife respectively who have resolved their dispute by living

separately and getting divorced; in order to give quietus to the

litigation, and also finding that the present case is wholly covered

by the principle of law laid down by the Hon'ble the Supreme

Court in the case of Gian Singh Vs. State of Punjab & Anr-

reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of

Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [AIR 1992

SC 604], the criminal proceedings are liable to be quashed in view

of compromise arrived at between the parties although the offence

under Section 498-A of IPC is not compoundable.

6.

In view of the above, this criminal misc. petition is allowed

and the criminal proceedings pending before the Judicial

Magistrate, Bhinmal, Jalore in Criminal Case No.4026/2014 are

quashed and set aside. Consequence to follow.

(3 of 3)

[CRLMP-2803/2022]

7.

The stay application also stands disposed of.

(DINESH MEHTA),J

229-A.Arora/-