LAWS(RAJ)-2020-7-81

GIRDHARI LAL Vs. STATE OF RAJASTHAN

Decided On July 22, 2020
GIRDHARI LAL Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This Petition has been filed under Section 482 Cr.P.C. for quashing the judgment dated 18-1-2019 passed by Additional Chief Judicial Magistrate Nawalgarh, District Jhunjhunu in criminal case No.368/2007, CIS Registration No.CRO/647/2014, titled State of Rajasthan Vs. Girdhari Lal, whereby he has been convicted for offence under Section 498A IPC and sentenced to undergo three years simple imprisonment and a fine of Rs.1000/-, in default to undergo one month simple imprisonment and under Section 323 IPC one year simple imprisonment with a fine of Rs.500/-, in default to undergo ten days simple imprisonment on the basis of compromise entered between the parties.

(2.) Heard learned counsel for both the sides and perused the material made available on record.

(3.) Learned counsel for the petitioner submits that the above mentioned impugned judgment dated 18-1-2019 has been challenged by the petitioner by way of appeal No.52/2019, Girdhari Lal Vs. State, which is pending in the court of Additional Sessions Judge SC/ ST Case, Jhunjhunu. This is purely a matrimonial dispute. Compromise has been arrived at between the complainant-wife and the accused-petitioner-husband on 26- 1-2020. Therefore, the impugned judgment and the further proceedings deserve to be quashed and the accused-petitioner should be acquitted of the charges.