Allowed

Pintu S/O Shri Jagdish v. State of Rajasthan

Rajasthan HC13 Aug 2021CRLMP/2001/2021

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings under Section 498A IPC pending against the petitioner. The court held that based on a compromise in the matrimonial dispute and established legal precedents, continuing the prosecution was unnecessary and would cause oppression to the accused.

What did the court decide?

The criminal proceedings pending against the petitioner in Cr. Case No. 355/2020 were quashed.

Pintu S/O Shri Jagdish Vs State of Rajasthan — Matrimonial and Divorce | 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. 2001/2021

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Pintu S/o Shri Jagdish, R/o Jarkhan Ki Dhani Behranwada, Police Station Sikandra, District Dausa (Raj).

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Smt. Pista Bai D/o Shri Prabhudayal, R/o Bagthal Ki Dhani, Ananatwada, Police Station Bandikui, Distt. Dausa (Raj).

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----Respondents

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For Petitioner(s) : Mr. Umesh Vyas For Respondent(s) : Mr. Ganesh Saini, PP

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HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

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Order

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13/08/2021

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This Petition has been filed under Section 482 Cr.P.C. for quashing of criminal proceedings pending against the petitioner in Cr. Case No. 355/2020, State Vs. Pintu, in the court of Senior Civil Judge & Addl. Chief Judicial Magistrate, Bandikui, Distt. Dausa arising out of FIR No. 451/2019, registered at Police Station Bandikui, Disttt. Dausa for offence under Sections 323, 406 and 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 323, 406 & 498A 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 323 & 406 IPC, but the trial has been directed to be continued for remaining offence under Section 498A

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(2 of 2) [CRLMP-2001/2021]

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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 counsel for the complainant has prayed for quashment of proceedings in this case on the basis of compromise.

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Learned Public Prosecutor submits that appropriate order may be passed in the matter.

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As per settled legal position expounded by the Hon'ble Supreme Court in State of Madhya Pradesh Vs. Laxmi Narayan [(2019)5 SCC 688] the criminal proceedings can be considered to be quashed on the basis of compromise under Section 482 CrPC in matrimonial or family disputes, and in Gian Singh Vs. State of Punjab & Another [(2012) 10 SCC 303] High Court may quash criminal proceedings under Section 482 CrPC if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim.

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Thus, in light of the 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 498A 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 above mentioned criminal case are hereby quashed.

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(SATISH KUMAR SHARMA),J

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SAHIL SONI/10

Pintu S/O Shri Jagdish v. State of Rajasthan

Case brief

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Pintu S/O Shri Jagdish v. State of Rajasthan

Case brief

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