Allowed

Seema Saini Daughter of Shri Rohitash Kumar, v. State of Rajasthan

Rajasthan HC17 Aug 2021CRLMP/4752/2021

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings against the accused in a matrimonial dispute arising from Section 498A and other IPC offences. Relying on Supreme Court precedents, the Court held that since the parties had amicably settled all disputes via compromise, the proceedings deserved to be quashed under Section 482 Cr.P.C.

What did the court decide?

The pending trial in Case No.345/2019 in the court of Metropolitan Magistrate No.10, Jaipur Metropolitan-II, Jaipur is quashed.

Seema Saini Daughter of Shri Rohitash Kumar, Vs… — 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. 4752/2021

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Seema Saini Daughter of Shri Rohitash Kumar, Aged About 29 Years, Resident of Plot No. 14, Road No. 17, Ajay Nagar, Vishwakarma, Jaipur.

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----Petitioner

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Versus

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State of Rajasthan, through P.P

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Balvan Saini Son of Shri Shreeram Saini, Aged About 36 Years, Resident of Bardod, Behror, District Alwar, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Sumer Saini, through VC For Respondent(s) : Mr. C.G. Chopra, PP

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HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

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Order

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17/08/2021

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This Petition has been filed under Section 482 Cr.P.C. for quashing of criminal proceedings pending against the accused respondent in Cr. Case No.345/2019, State Vs. Balwan Saini, in the court of Metropolitan Magistrate No.10, Jaipur Metropolitan-II, Jaipur arising out of FIR No.183/2019, registered at Police Station Mahila Thana, West Jaipur City for offence under Sections 498A, 406, 354, 323, 341 and 120B IPC on the basis of compromise entered between the parties.

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Heard learned counsel for the petitioner complainant and perused the material made available on record.

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Learned counsel appearing for the petitioner has submitted that compromise has been arrived at between the husband and wife and on the basis of which the accused respondent has been acquitted by the trial court for offence under Section 406 IPC and trial under Section 498A IPC has been directed to continue. The parties have amicably settled all their disputes, therefore, the

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(2 of 2)

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[CRLMP-4752/2021]

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pending proceedings deserve to be quashed.

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Learned Public Prosecutor submits for appropriate directions. 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] & Gian Singh Vs. State of Punjab & Another [(2012) 10 SCC 303] that the power conferred under Section 482 of Cr.PC to quash the criminal proceedings for the non compoundable offences under Section 320 CrPC can be exercised having overwhelmingly and predominantly the civil character particularly those arising out of commercial transaction or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire disputes amongst themselves.

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On hearing both the sides and on perusal of the record it reveals that the accused respondent has been acquitted of 406 IPC on the basis of compromise and the trial has been directed to be continued under Section 498A IPC. The parties have amicably settled their all dispute and being the dispute purely of family and matrimonial nature, the impugned criminal proceedings deserve to be quashed.

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Resultantly, in view of above legal position, the petition is allowed and the trial pending in Case No.345/2019 pending in the court of Metropolitan Magistrate No.10, Jaipur Metropolitan-II, Jaipur is hereby quashed.

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(SATISH KUMAR SHARMA),J

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Arn/90

Seema Saini Daughter of Shri Rohitash Kumar, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Seema Saini Daughter of Shri Rohitash Kumar, v. State of Rajasthan

Case brief

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