Manish Sharma And Ors vs State Of Rajasthan And Ors

This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the criminal proceedings in a criminal case No.1137/2020,

State Vs. Manish Sharma pending in the Court of learned Additional Civil Judge-cum-Metropolitan, Magistrate No.7, Jaipur Metropolitan-II arising out

of FIR No.195/2015 registered at Police Station Mahila Thana, District Jaipur City (South) for offence under Sections 498-A, 406 and 354 of I.P.C..

Learned counsel for the petitioners submitted that the matrimonial dispute between the parties has amicably been settled. He submitted that the

learned trial Court has, vide order dated 04.02.2021, quashed the proceedings qua Section 406 IPC being compoundable; but, declined to quash the

proceedings qua Sections 498-A & 354 IPC being non-compoundable. Relying on the judgments of the Hon'ble Supreme Court in Gian Singh versus

State of Punjab & Anr. reported in JT 2012 (9) SC-426, Narinder Singh & Ors. versus State of Punjab & Anr. reported in 2014 Cr.L.R. (SC) 351 &

B.S. Joshi & Ors. Vs. State of Haryana & Anr., 2003 (4) SCC 675, he submitted that the proceedings under Sections 498-A & 354 IPC be also

quashed.

Learned Public Prosecutor has opposed the criminal miscellaneous petition.

Learned counsel appearing for the complainant acknowledging the factum of compromise between the parties, submitted that he has no objection if

the criminal proceedings arising out of FIR in question are quashed.

Heard learned counsels for the parties and perused the record. A perusal of the material on record shows that the matrimonial dispute between the

parties has amicably been settled by them and the learned trial Court vide its order dated 04.02.2021, quashed the proceedings qua Section 406 IPC on

the basis of compromise. In view of compromise between the parties and the law laid down by the Hon'ble Supreme Court in case of Gian Singh

(supra), Narinder Singh (supra) & B.S. Joshi & Ors. (supra), this Court deems it just and proper to allow this criminal miscellaneous petition.

Resultantly, this criminal miscellaneous petition is allowed. The criminal proceedings in a criminal case No.1137/2020, State Vs. Manish Sharma

pending in the Court of learned Additional Civil Judge-cum- Metropolitan, Magistrate No.7, Jaipur Metropolitan-II arising out of FIR No.195/2015

registered at Police Station Mahila Thana, District Jaipur City (South) for offence under Sections 498-A and 354 of I.P.C. are quashed.