Mool Chand And Others vs State Of Rajasthan And Others

Manoj Kumar Garg, J

This instant criminal misc. petition has been filed by the petitioners for quashing of order dated 01.04.2023 and charges under Section 498-A of IPC passed by learned Special Judge, Additional Chief Judicial Magistrate (P.C.P.N.D.T. Act Cases), Jodhpur Metropolitan in Criminal Case No.111/2017 by which the learned trial Court declined to grant permission for compromise under Section 498-A of IPC. 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 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, 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 qua the petitioners and order dated 01.04.2023 and charges under Section 498-A of IPC passed by learned Special Judge, Additional Chief Judicial Magistrate (P.C.P.N.D.T. Act Cases), Jodhpur Metropolitan against the petitioners are hereby quashed on the basis of compromise deed.