Allowed

Murarilal Meena S/O Shri Failiram Meena v. State of Rajasthan

Rajasthan HC22 Feb 2021CRLMP/696/2021

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition under Section 482 Cr.P.C. to quash proceedings under Section 498-A IPC against the petitioner following an amicable settlement of the matrimonial dispute, relying on B.S. Joshi.

What did the court decide?

The criminal proceeding in criminal case No.1772/2016 for offence under Sections 498-A IPC is quashed.

Murarilal Meena S/O Shri Failiram Meena Vs State… — 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. 696/2021

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Murarilal Meena S/o Shri Failiram Meena, R/o Near Ayyapa Mandir Aravali Colony Chor Dungri Alwar Presently Posted T G T English G B S S Khanpur No-2 New Delhi

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----Accused-Petitioner

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Versus

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State Of Rajasthan, Through The Public Prosecutor

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Geeta Meena D/o Shri Nathuram Meena, Teejki Bawari Premn Nagar Alwar.

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----Complainant-Non-Petitioner

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For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. Atul Sharma, PP Ms. Shweta Soni

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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22/02/2021

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This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the criminal proceeding in criminal case No.1772/2016, State Vs. Murarilal Meena pending in the Court of learned Additional Chief Judicial Magistrate No.3, Alwar for offence under Sections 498-A I.P.C. arising out of FIR No.237/2014 dated 18.08.2014 registered at Police Station Mahila Thana, District Alwar.

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Learned counsel for the petitioner submitted that the FIR in question arises out of matrimonial dispute between the parties which has amicably been settled. He submitted that the learned trial Court has, vide order dated 22.11.2019, quashed the proceeding qua Section 4 of Dowry Prohibition Act, 1961 being compoundable; but, declined to quash the proceedings qua Section 498-A I.P.C. being

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(2 of 2)

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[CRLMP-696/2021]

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non-compoundable. Relying on the judgment of the Hon’ble Supreme Court in case of B.S. Joshi & Ors. Vs. State of Haryana & Anr., 2003 (4) SCC 675, he submitted that the proceeding under Section 498-A be also quashed.

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Learned Public Prosecutor has opposed the criminal miscellaneous petition.

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Learned counsel appearing for the complainant acknowledging the factum of compromise between the parties, submitted that he has no objection if the criminal proceeding arising out of FIR in question is quashed.

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Heard learned counsels for the parties and perused the record.

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A perusal of the material on record shows that the matrimonial dispute between the parties has amicably been settled by them and the learned trial Court vide its order dated 22.11.2019, quashed the proceeding qua Section 4 of Dowry Prohibition Act, 1961 on the basis of compromise. In view of compromise between the parties and the law laid down by the Hon’ble Supreme Court in case of B.S. Joshi & Ors. (supra), this Court deems it just and proper to to quash the criminal proceeding pending against the petitioner.

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Resultantly, this criminal miscellaneous petition is allowed. The criminal proceeding in criminal case No.1772/2016, State Vs. Murarilal Meena pending in the Court of learned Additional Chief Judicial Magistrate No.3, Alwar for offence under Sections 498-A I.P.C. arising out of FIR No.237/2014 dated 18.08.2014 registered at Police Station Mahila Thana, District Alwar, is quashed.

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(MAHENDAR KUMAR GOYAL),J

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Pragati/256

Murarilal Meena S/O Shri Failiram Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Murarilal Meena S/O Shri Failiram Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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