HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
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
Smt Santosh Solanki D/o Late Shri Jagdish, By caste Dhanka,
Resident of House No.189, Dayanand Nagar, Gali No.14, Jhalana
For Petitioner(s) : Mr. K.S. Rajawat for Mr. Prahlad Sharma.
For Respondent(s) : Mr. Sunil Vashishtha.
HON’BLE MR. JUSTICE DEEPAK MAHESHWARI
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)
compromise, the accused-petitioner has been acquitted for the
offence under Section 406 IPC, but the proceeding for the offence
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.