Allowed

Rajendra Mohan Meena Son of Shri Shishupal Meena v. State of Rajasthan

Rajasthan HC18 Jan 2021CRLMP/190/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan, Bench at Jaipur, allowed a petition under Section 482 Cr.P.C. to quash criminal proceedings for offences under Sections 498-A and 406 IPC against the petitioner. The court relied on a valid compromise between the parties and the Supreme Court precedent in State of MP vs. Laxmi Narayan to halt the trial, finding no purpose in continuing prosecution after a peaceful sett

What did the court decide?

Quashing of criminal proceedings pending against the petitioner in Case No.305/2019 for offence under Section 498-A IPC.

Rajendra Mohan Meena Son of Shri Shishupal Meena Vs… — Domestic Violence | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 190/2021

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Rajendra Mohan Meena Son Of Shri Shishupal Meena, Aged About 37 Years, Resident Of Village Kotda Daulatpura, District Jaipur (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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Neha Meena Wife Of Shri Rajendra Mohan Meena D/o Shri Jagdish Lal Meena, Aged About 27 Years, Resident Of A- 42, Dadhich Nagar, Road No.5, Vishwakarma, Murlipura Scheme, Jaipur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Rajesh Kumar Sharma through VC For Respondent(s) : Mr. Ramesh Chaudhary, PP Mr. Sashi Shekhar Gaur

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HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

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Order

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18/01/2021

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The Petition has been filed under Section 482 Cr.P.C. for quashing of criminal proceedings pending against the petitioner in Cr. Case No.305/2019, State of Rajasthan Vs. Rajendra Mohan, pending in the court of Additional Civil Judge and Metropolitan Magistrate No.10, Jaipur Metropolitan-II, Jaipur for offence under Sections 498A IPC on the basis of compromise entered between the parties.

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Heard learned counsel for both the sides and perused the material made available on record.

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Learned counsel for the petitioner submits that the criminal case is pending against the petitioner under Sections 498-A and

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(2 of 2)

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[CRLMP-190/2021]

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406 IPC. Now, compromise has been arrived at between the complainant-wife and the accused-petitioner-husband. On the basis of compromise, the petitioner has been acquitted of the charge under Section 406 IPC, but the trial has been directed to be continued for remaining offence under Section 498-A IPC. Being family dispute and in view of peaceful settlement between the husband and wife the criminal proceedings in this case deserve to be quashed.

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Learned Public Prosecutor submits that appropriate order may be passed in the matter. 5. It is well settled legal position as expounded by the Hon'ble Supreme Court in State of Madhya Pradesh Vs. Laxmi Narayan [(2019) 5 SCC 688] that the criminal proceedings can be quashed under Section 482 Cr.P.C. on the basis of compromise in matrimonial or family disputes. 6. Thus, in light of above legal position and in view of compromise in matrimonial dispute-in-question, no fruitful purpose would serve in continuing with the prosecution. Therefore, to meet the ends of justice the criminal proceedings pending against the petitioner under Section 498-A IPC before the trial court deserve to be quashed.

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Accordingly, the petition is allowed. The criminal proceedings pending against the petitioner in Case No.305/2019, State of Rajasthan Vs. Rajendra Mohan, pending in the Court of Additional Civil Judge and Metropolitan Magistrate No.10, Jaipur Metropolitan-II, Jaipur are hereby quashed.

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(SATISH KUMAR SHARMA),J

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FAHEEM AHMAD /92

Rajendra Mohan Meena Son of Shri Shishupal Meena v. State of Rajasthan

Case brief

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Rajendra Mohan Meena Son of Shri Shishupal Meena v. State of Rajasthan

Case brief

What is this about?

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