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Raj Kumar Solanki vs Smt Santosh Solanki on 9 February, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 576 / 2018
Raj Kumar Solanki son of Shri Suva Lal Solanki, Aged 32 years, By
caste Dhanka, Resident of Plot No.40, Block 25, Trilokpuri, New
Delhi.
—-Petitioner
Versus
Smt Santosh Solanki D/o Late Shri Jagdish, By caste Dhanka,
Resident of House No.189, Dayanand Nagar, Gali No.14, Jhalana
Doongari, Jaipur.
—-Respondent

__
For Petitioner(s) : Mr. K.S. Rajawat for Mr. Prahlad Sharma.
For Respondent(s) : Mr. Sunil Vashishtha.
__
HON’BLE MR. JUSTICE DEEPAK MAHESHWARI
Order
09/02/2018

Heard learned counsel for both the parties.

Learned counsel Mr. Sunil Vashishtha puts his appearance on

behalf of respondent Smt. Santosh Solanki.

This misc. petition has been preferred on behalf of the

accused-petitioner to quash and set aside the proceedings of

Criminal Case No.291/2016 (150/2015) titled as State of

Rajasthan Vs. Raj Kumar Solanki pending before the Court of

Additional Civil Judge and Metropolitan Magistrate No. 15,

Metropolitan City, Jaipur.

Counsel for both the sides submit that the matrimonial

dispute between husband-petitioner and wife-respondent has been

amicably settled between them. Thereafter, a compromise was

filed before the trial Court on 18.03.2017. On the basis of the said
(2 of 2)
[CRLMP-576/2018]

compromise, the accused-petitioner has been acquitted for the

offence under Section 406 IPC, but the proceeding for the offence

under Section 498-A IPC is continuing against the accused-

petitioner.

Counsel appearing for the respondent submits that the

respondent-wife is not interested in continuing the proceeding

pending before the trial Court for the reason that they have

settled their matrimonial dispute amicably. It has further been

submitted that application under Section 13B of the Hindu

Marriage Act has also been filed before the competent Court for

getting the decree of divorce.

In view of above stated facts, the Court is of the view that

no purpose will be served by allowing the proceedings for the

offence under Section 498-A IPC to continue against the accused-

petitioner, rather it will adversely effect the amicable settlement

arrived at between the parties and will tantamount to abuse of

process of law.

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

proceedings with regard to offence under Section 498-A IPC in

Criminal Case No.291/2016 (150/2015) pending before the Court

of Additional Civil Judge and Metropolitan Magistrate No. 15,

Metropolitan City, Jaipur is quashed and set-aside.

(DEEPAK MAHESHWARI)J.

Arun/5

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