LAWS(RAJ)-2023-4-192

MAYUR JAIN Vs. STATE OF RAJASTHAN

Decided On April 06, 2023
Mayur Jain Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This instant criminal misc. petition has been filed by the petitioner for quashing the FIR No.320/2022 registered at Police Station Nokha, District Bikaner for offences under Ss. 498-A, 406, 323, 376(2)(f) and 34 IPC on the basis of compromise entered between the parties.

(2.) Learned counsel for the petitioner submits that the petitioner and respondent No.2 are husband and wife. The parties have entered into a compromise in the on-going criminal proceedings.

(3.) In such circumstances, the impugned FIR along with criminal proceedings initiated pursuant thereto against the petitioner may be quashed. 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.