MOOL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This instant criminal misc. petition has been filed by the petitioners for quashing of order dtd. 1/4/2023 and charges under Sec. 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 Sec. 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 Sec. 498-A IPC may be quashed on the basis of compromise.

(2.) 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 Sec. 498A IPC can be quashed because it is the matrimonial matter, the criminal proceedings for offence under Sec. 498-A IPC are liable to be quashed.

(3.) Accordingly, the present misc. petition is allowed qua the petitioners and order dtd. 1/4/2023 and charges under Sec. 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.