The High Court allowed a criminal revision petition, set aside earlier judgments, and acquitted petitioners of offences under Sections 498-A and 323 IPC after finding that a valid compromise had been reached between the husband and wife.
Impugned judgments dated 21.10.2010 and 18.09.2009 set aside; petitioners acquitted; trial record sent back.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision Petition No. 764/2010
Smt.krishna Devi And Ors.
----Petitioner
Versus
State
----Respondent
For Petitioner(s) : Mr. Suresh Kumbhat For Respondent(s) : Ms. Anita Gehlot PP Mr. Ravindra Kumar Purohit for complainant
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/01/2020
This instant criminal revision petition has been filed against the judgment dated 21.10.2010 passed by the learned Distt. & Sessions Judge, Jaisalmer in criminal appeal No.11/2009 whereby he upheld the judgment dated 18.09.2009 passed by the learned Chief Judicial Magistrate, Jaisalmer in criminal case No.109/2004 whereby the petitioners were convicted for offence under Section 498-A & 323, despite the fact that the parties have entered into compromise.
Counsel for the petitioner submits that the accusedpetitioners and the complainant moved a joint compromise application in which it has been stated that the compromise has arrived at between them and they have settled their dispute amicably, therefore, the criminal proceedings for offence under Section 498-A & 323 IPC may be quashed.
Counsel for the petitioners submits that the petitioner No.2
(2 of 2)
[CRLR-764/2010]
and complainant are husband and wife. They have entered into a compromise in the spirit of Lok Adalat.
Having considered the facts and circumstances of the case, since the petitioners and complainant have arrived at compromise and settled their dispute 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 Section 498A & 323 IPC can be quashed because it is the matrimonial matter, the criminal proceedings for offence under Section 498-A & 323 are liable to be quashed.
Accordingly, the present revision petition is allowed and the judgment dated 21.10.2010 & 18.09.2009 passed by learned Distt. & Sessions Judge, Jaisalmer as well as learned Chief Judicial Magistrate, Jaisalmer is hereby set aside and the petitioners are acquitted from the charges.
Record of the trial be sent back immediately.
(MANOJ KUMAR GARG),J
8-Anshul/-
2 issues framed by the court
Whether criminal proceedings for offences under Sections 498-A and 323 IPC can be quashed upon compromise between husband and wife.
Whether the impugned judgments upholding conviction remain valid when parties have entered into a lawful compromise.
Colour shows how this judgement treated each authority
B.S. Joshi Vs. State of HaryanaRelied on¶18
2003 (4) SCC p.675 · Who else cites this
Smt. Krishna Devi And Ors.
State
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
