Quashed

Sanjiv Baijal S/O Late Anil Das v. State of Rajasthan

Rajasthan HC16 Sept 2019CRLMP/3669/2019

Case brief

AI extract

What is this about?

The Hon'ble High Court of Rajasthan allowed the Criminal Miscellaneous Petition seeking quashing of criminal proceedings under Section 482 Cr.P.C. in a matrimonial dispute, noting that the parties had amicably settled and a Section 13-B application was filed before the Family Court.

What did the court decide?

Criminal Case No.490/2019 before the Judicial Magistrate No.1, Jaipur District, is quashed. Stay application stands disposed.

Sanjiv Baijal S/O Late Anil Das Vs State of… — Matrimonial and Divorce | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 3669/2019

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Sanjiv Baijal S/o Late Anil Das, R/o B-86, Triveni Nagar, Gopalpura Bypass, Jaipur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp.

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Smt. Pinki Soni W/o Shri Sanjiv Baijal, D/o Late Shri Damodar Prasad Soni, R/o B-86, Triveni Nagar, Gopalpura Bypass, Jaipur, At Present 33, Uma Path, Ram Nagar, Sodala, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Monu Kumar for Mr. Sudhir Jain For State : Mr. Arvind Bhadu, PP For Complainant(s) : Mr. Bachu Singh Gurjar

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Judgment / Order

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16/09/2019

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Petitioner has preferred this Criminal Miscellaneous Petition seeking quashing of proceedings pending before Judicial Magistrate No.1, Jaipur District in Criminal Case No.490/2019.

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It is contended by counsel for the petitioner that parties have amicably settled their dispute and an application under Section 13-B of the Hindu Marriage Act was filed before the Family Court. Court below has compounded the offence under Section 406 of I.P.C. but has not compounded the other offences, as the same are non-compoundable.

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Complainant along with her counsel present in person who has not disputed the fact of parties having entered into

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(2 of 2)

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[CRLMP-3669/2019]

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compromise. She does not wish to proceed further against the petitioner in criminal case.

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I have considered the contentions.

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In view of the fact that parties have amicably settled their dispute.

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Apex Court in “B.S. Joshi & Ors. vs. State of Harayana & Anr. 2003 Cri.L.J. 2028” has held that High Court can exercise its jurisdiction under Section 482 Cr.P.C. in matrimonial matters for quashing of FIR and can compound the offence under Section 498-A I.P.C.

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In view of the Judgment of Apex Court as also the fact that parties have entered into a compromise, the Criminal Misc. Petition is allowed.

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Criminal Case No.490/2019 before the Judicial Magistrate No.1, Jaipur District, is quashed.

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Stay application stands disposed.

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(PANKAJ BHANDARI),J

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AMIT KUMAR /172

Sanjiv Baijal S/O Late Anil Das v. State of Rajasthan

Case brief

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Sanjiv Baijal S/O Late Anil Das v. State of Rajasthan

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