Rikky Angrish And Ors vs State Of Rajasthan And Anr on 11 January, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2279 / 2017
1. Rikky Angrish son of Shri Rajneesh Sharma
2. Rajneesh Sharma son of Shri Yashpal Sharma
3. Teena Sharma wife of Shri Rajneesh Sharma
All by caste Brahamin, Residents of B-12, Lotus Villa, Gyan
Vihar, University Ke Pas, Jagatpura, Tehsil Sanganer, District
Jaipur.
—-Petitioners
Versus
1. State Of Rajasthan through PP
2. Kirti Raghav @ Aaliya daughter of Shri Madan Singh Raghav,
aged 31 years, By caste Rajput, At present r/o E-5, Path
No.6, Jamna Nagar, Sodala, Tehsil and District Jaipur.
—-Respondents

__
For Petitioner(s) : Dr. Bharti Sharma.
For Respondent(s) : Mr. V.S. Godara, PP
Mr. Shailendra Singh.

__
HON’BLE MR. JUSTICE DEEPAK MAHESHWARI
Order
11/01/2018

Heard learned counsel for the parties.

Learned counsel for the petitioners submits that for the

offence under Section 406 IPC compromise was submitted before

the learned trial court, which has been attested and the accused-

petitioners have been acquitted for the offence under Section 406

IPC on 04.04.2017. He submits that now the offence under

Section 498A IPC is under trial.

Learned counsel appearing for the respondent No.2 Kirti

Raghav admits the aforesaid fact.

(2 of 2)
[CRLMP-2279/2017]

It is also admitted by both the sides that on the basis of

mutual consent, a decree of divorce has also been passed by the

learned Family Court No.1, Jaipur.

Looking to the fact that the matrimonial dispute has been

settled between the parties amicably and the offence under

Section 406 IPC has also been compounded and order to keep the

harmonious and peaceful relations between the parties, it will not

be proper to continue the trial for the offence under Section 498A

IPC. Continuation of such proceeding is merely abuse of process of

law and will not serve any purpose.

In view of above, the misc. petition is allowed and the

proceedings pending before the Court of Additional Civil Judge-

cum- Metropolitan Magistrate No.13, Jaipur Metropolitan in

Criminal Case No.262/2015 (State vs. Rikky Angrish Ors.) for

the offence under Section 498A IPC is quashed and set-aside.

(DEEPAK MAHESHWARI) J.

Rm/38

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