AI Structured Summary
Not yet generated for this judgment
Judgment
Manoj Kumar Garg, J
This instant criminal misc. petition has been filed by the petitioner for quashing of charge-sheet No.892/2022 and order dated 20.02.2023 passed by the learned Addl. Chief Judicial Magistrate, Anupgarh, Sriganganagar arising out of FIR No.710/2022, Police Station Anupgarh, District Sriganganagar whereby he has allowed the application under Section 190 Cr.P.C. filed by the complainant and took cognizance against the petitioner for the offence under Sections 498A, 406, 307, 323, 324, 342 of IPC on the basis of compromise entered between the parties.
Having considered the facts and circumstances of the case, since the petitioner and complainants 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, 406, 307, 323, 324, 342 of IPC can be quashed because it is the matrimonial matter, the chargesheet bearing No.892/2022 and order dated 20.02.2023 passed by the learned Addl. Chief Judicial Magistrate, Anupgarh, Sriganganagar arising out of FIR No.710/2022, Police Station Anupgarh, District Sriganganagar are liable to be quashed.
Accordingly, the present misc. petition is allowed and the criminal proceedings pending before the learned Addl. Chief Judicial Magistrate, Anupgarh, Sriganganagar arising out of FIR No. 710/2022, Police Station Anupgarh, District Sriganganagar against the petitioner is liable to be set aside.
Accordingly, the charge-sheet bearing No.892/2022 and order dated 20.02.2023 passed by the learned Addl. Chief Judicial Magistrate, Anupgarh, Sriganganagar is hereby set aside on the basis of compromise arrived at between the parties.
The misc. petition is disposed of. Stay petition is also decided accordingly.