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
