Shahzad Khan vs. State Of Rajasthan
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Manoj Kumar Garg
Listed On:
14 Jul 2023
Order Text
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 3783/2023
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- Shahzad Khan S/o Late Salim Khan, Aged About 25 Years, R/o D.i.g. Firoz Khan Colony Suthla Jodhpur
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- Bebi W/o Late Salim Khan, Aged About 50 Years, R/o D.i.g. Firoz Khan Colony Suthla Jodhpur
----Petitioners
Versus
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- State Of Rajasthan, Through Pp
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- Sabiya Khan W/o Shri Shahzad Khan D/o Salim Khan, Presently R/o Matujo-Ki-Gali Sindhiyon-Ka-Bas Siwanchi Gate Jodhpur
----Respondents
| For Petitioner(s) | : | Ms. Helly Pathak for Mr. Nishant Bora |
|---|---|---|
| For Respondent(s) | : | Mr. N.S. Bhati, PP<br>Mr. Dharmveer Choudhary for Mr.<br>Mohd. Iqbal |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order
14/07/2023
This instant criminal misc. petition has been filed by the petitioners for quashing the criminal proceedings in criminal case No.09/2022 pending before learned Special Additional Chief Metropolitan Magistrate (PCPNDT Act Cases) Jodhpur in FIR No.173/2021 registered at Police Station Mahila Thana (West), District Jodhpur for offences under Section 498-A of IPC on the basis of compromise entered between the parties.
Counsel for the parties submit that they have entered into a compromise in the spirit of Lok Adalat and settled their dispute amicably, therefore, the criminal proceedings offence under Section 498-A IPC may be quashed on the basis of compromise.
Having considered the facts and circumstances of the case, since the petitioners and complainant have arrived at compromise and settled their dispute and 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 IPC can be quashed because it is the matrimonial matter, the criminal proceedings for offence under Section 498-A IPC are liable to be quashed.
Accordingly, the present misc. petition is allowed and the criminal proceedings in criminal case No.09/2022 pending before learned Special Additional Chief Metropolitan Magistrate (PCPNDT Act Cases) Jodhpur in FIR No.173/2021 registered at Police Station Mahila Thana (West), District Jodhpur for offences under Section 498-A of IPC are hereby quashed on the basis of compromise deed.
Stay petition also stands disposed of.
(MANOJ KUMAR GARG),J
69-Rashi/-
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