RAJENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition under Sec. 482 Cr.P.C. has been filed against the order dtd. 13/12/2018 passed by the learned Additional Civil Judge (Jr. Div) and Metropolitan Magistrate, Jodhpur Metropolitan whereby the learned Judge refused to compound the offence under Sec. 498A IPC on the basis of compromise.

(2.) Counsel for the petitioner and respondent No. 2-Complainant submit that the petitioner 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 Sec. 498A IPC on the basis of compromise, therefore, it is prayed that the order dtd. 13/12/2018 may be quashed and set aside to the extent of refusing to compound the offence under Sec. 498A IPC and the criminal proceedings in Criminal Regular Case No. 133/2014 may be quashed.

(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 v. 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 order dtd. 13/12/2018 to the extent of refusing to compound the offence under Sec. 498A IPC is liable to be set aside.