HEMANT SEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition under Section 482 Cr.P.C. has been filed for quashing of proceedings of Regular Criminal Case No.740/2016 (CIS No.2612/16) pending the Court of Addl. Chief Judicial Magistrate No.2, Udaipur, whereby the learned Magistrate refused to compound the offence under Section 498A IPC.

(2.) It is submitted by learned counsel for the parties 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. The copy of compromise has been produced before the trial court but the trial court has refused to compound the offence under Section 498A IPC on the basis of compromise, therefore, it is prayed that the criminal proceedings in Criminal Case No.740/16 (CIS No.2612/16) may be quashed and the offence under Section 498A IPC may be compounded.

(3.) 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 , 2003 4 SCC 675 in which it has been held that the proceedings under Section 498A IPC can be quashed because it is the matrimonial matter, the proceedings of the criminal case No.740/16 (CIS No.2612/16) refusing to compound the offence under Section 498A IPC is liable to be set aside.