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Vijay Kumar vs State Of Raj And Anr on 8 February, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 83 / 2018
Vijay Kumar S/o Panni Lal B/c Jatav, R/o Village Post Nithari,
Tehsil Malakheda, District Alwar, Raj.
—-Petitioner
Versus
1. State of Rajasthan Through PP.

2. Manisha W/o Vijay Kumar D/o Shobharam B/c Jatav, R/o Village
Nagal Todiar, Police Station Malakheda, Alwar, Raj.
—-Respondents

__
For Petitioner(s) : Mr. Gajendra Singh Rathore
For Respondent(s) : Ms. Meenakshi Pareek, PP
Mr. Vipul Jaiman
__
HON’BLE MR. JUSTICE DEEPAK MAHESHWARI
Order
08/02/2018

This petition has been preferred on behalf of the accused-

petitioner to quash and set aside the proceedings of the Case No.

23/1461/2017 pending before the Court Civil Judge and Judicial

Magistrate, Malakheda, Alwar for the offence under Section 498-A

IPC.

Counsel for the accused-petitioner as also for the

complainant-respondent No.2 state before the Court that the

matter has been amicably settled between the accused-petitioner

respondent No.2, who are husband and wife. The compromise

for the offence under Section 406 IPC has been submitted before

the trial Court which has also been attested on 18.11.2017. Now

both the parties are residing together peacefully. This fact has also
(2 of 2)
[CRLMP-83/2018]

been stated by respondent No.2 Manisha on her examination

before the trial Court as PW1.

Petitioner Vijay Kumar and complainant Manisha are present

in person before the Court, who also admit the fact of compromise

and amicable settlement of their matrimonial dispute. They also

state that they are residing together peacefully.

In view of the facts stated above, no purpose will be served

by continuation of proceeding for the offence under Section 498-A

IPC rather, it will adversely affect the harmonious relation between

the husband and wife and will tantamount to miscarriage of

justice.

In light of above, the petition is allowed and the proceedings

of the Case No. 23/1461/2017 pending before the Court Civil

Judge and Judicial Magistrate, Malakheda, Alwar for the offence

under Section 498-A IPC against the accused-petitioner is quashed

and set aside.

(DEEPAK MAHESHWARI)J.

Arun/23

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