Govind vs State Of Raj And Anr on 15 January, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 30 / 2018

Govind S/o Banwari B/c Jangid, Aged About 25 Years, R/o Bhunda
Road, Mundawar, District Dausa.

—-Petitioner

Versus

1. State of Rajasthan Through PP.

2. Smt. Neetu D/o Ganga Sahai, W/o Govind B/c Jangid, R/o
Bhunda Road, Mundawar, District Dausa.

—-Respondents

__

For Petitioner(s) : Mr. Hari Prasad Jangid.
For Respondent(s) : Mr. Aladeen Khan, PP
Ms. Neelam Sharma.

__
HON’BLE MR. JUSTICE DEEPAK MAHESHWARI
Order
15/01/2018

This misc. petition has been preferred by accused-petitioner

with a prayer to quash and set-aside the FIR No.293/2015

registered at PS Kherli, District Alwar for the offence under

Sections 498-A 406 IPC and the criminal proceedings arising out

of the said FIR in Criminal Case No.23/758/2015 (State Vs.

Govind Ors.) pending before the Court of Judicial Magistrate,

Kathumar, District Alwar.

Heard learned counsel for the accused-petitioner as also

learned counsel for the complainant-respondent No.2 and learned

Public Prosecutor for the State.

(2 of 3)
[CRLMP-30/2018]

Complainant-respondent No.2 Smt. Neetu is present in

person, who is represented by her counsel Ms. Neelam Sharma,

who identified the complainant-respondent No.2.

Learned counsel for both the sides submit that the matter

has been amicably settled between the parties, who are husband

and wife. For the offence under Section 406 IPC, compromise has

been attested by the trial court on 08.07.2017 and the

proceedings under Section 498A IPC is continuing as the offence is

not compoundable.

Learned counsel for the accused-petitioner submits that as

the matrimonial dispute has been amicably settled between the

parties, no purpose will be served by continuation of the

proceedings under Section 498A IPC, it will tantamount to abuse

of process of law and will disturb the harmonious and peaceful

relations between the parties.

Learned counsel appearing for the complainant-respondent

No.2 does not have any objection if the proceedings in Criminal

Case No.23/758/2015 (State Vs. Govind Ors.) pending before

the Court of Judicial Magistrate, Kathumar, District Alwar may

kindly be quashed.

Having considered the submissions made by both the sides

and taking into consideration the fact of compromise between the

parties, this Court thinks it proper to allow the petition preferred

by accused-petitioner and to quash the proceedings for the

offence under Section 498A IPC, which is pending before the trial

court.

Accordingly, the misc. petition is allowed and the
(3 of 3)
[CRLMP-30/2018]

proceedings pending before the Court of Judicial Magistrate,

Kathumar, District Alwar in Criminal Case No.23/758/2015 (State

Vs. Govind Ors.) for the offence under Section 498A IPC is

quashed and set-aside.

(DEEPAK MAHESHWARI) J.

Rm/33

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