[2023:RJ-JD:36456]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 6665/2023

1.

Mahaveer Prasad S/o Goru Ram, Aged About 30 Years,

2.

Goru Ram S/o Uma Ram, Aged About 65 Years,

3.

Smt. Chhagani W/o Goru Ram, Aged About 61 Years,

4.

Bhinwa Ram S/o Goru Ram, Aged About 42 Years,

5.

Shiv Kumar S/o Goru Ram, Aged About 38 Years,

6.

Smt. Sumitra W/o Bhinwa Ram, Aged About 37 Years,

7.

Smt. Manju W/o Shiv Kumar, Aged About 35 Years,

All B/c Prajapat R/o Padihara Tehsil Ratangarh Dist. Churu

----Petitioners

Versus

1.

State Of Rajasthan, Through Pp

2.

Smt. Suman D/o Late Manakchand, B/c Prajapat R/o

Ratangarh At Present Residing At Vill. Lunas Tehsil

Taranagar Dist. Churu Raj.

----Respondents

For Petitioner(s)

:

Mr. Om Rajpurohit

For Respondent(s)

:

Mr. Laxman Solanki, PP

Mr. Govind Ram

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

20/10/2023

This instant criminal misc. petition has been filed by the

petitioners for quashing of entire criminal proceedings pending

before learned Additional Chief Judicial Magistrate, Ratangarh,

District Churu in Criminal Case No.839/2014 arising out of FIR

No.100/2008, PS Ratangarh, Churu for offence under Sections

498-A & 406 IPC on the basis of compromise entered between the

parties.

[2023:RJ-JD:36456]

(2 of 2)

[CRLMP-6665/2023]

Counsel for the parties submit 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 and settled

their dispute amicably, therefore, the criminal proceedings offence

under Section 498-A IPC may be quashed on the basis of

compromise.

Having considered the facts and circumstances of the case,

since the petitioners 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, 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 criminal proceedings for

offence under Section 498-A IPC are liable to be quashed.

Accordingly, the present misc. petition is allowed and the

entire criminal proceedings pending before learned Additional

Chief Judicial Magistrate, Ratangarh, District Churu in Criminal

Case No.839/2014 arising out of FIR No.100/2008, PS Ratangarh,

Churu for offence under Sections 498-A & 406 IPC are hereby

quashed qua the petitioners on the basis of compromise deed.

Stay application is also decide.

(MANOJ KUMAR GARG),J

1186-MS/-