HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 920 / 2018
1. Pawan S/o Late Shri Rohitash Singh B/c Aheer, R/o Dabadwas
Tehsil Neemrana Distt. Alwar
2. Smt. Shakuntala Devi W/o Late Shri Rohitash Singh B/c Aheer,
R/o Dabadwas Tehsil Neemrana Distt. Alwar
—-Petitioners
Versus
1. State of Rajasthan Through PP.
2. Neetu W/o Pawan, D/o Ramsingh B/c Aheer, R/o Dabadwas
Tehsil Neemrana Distt. Alwar At Present R/o Katuvas Tehsil
Neemrana Distt. Alwar
—-Respondents
__
For Petitioner(s) : Mr. Ashvin Garg.
For Respondent(s) : Mr. V.S. Godara, PP
Mr. Ramavtar Meena.
__
HON’BLE MR. JUSTICE DEEPAK MAHESHWARI
Order
20/02/2018
Heard learned counsels for both the sides as also petitioner
No.1 Pawan and complainant-respondent No.2 Neetu, who are
present in person before the Court alongwith their respective
counsels.
This misc. petition has been preferred on behalf of accused-
petitioners to quash and set-aside the criminal proceedings in Cr.
Case No.24/2015 (State Vs. Pawan Kumar) arising out of FIR
No.196/2014, PS Mandhan, District Alwar pending before the
Court of Addl. Chief Judicial Magistrate No.1, Behror, District Alwar
for the offence under Section 498A IPC.
(2 of 2)
[CRLMP-920/2018]
Counsel for both the sides as also the parties admit that the
matrimonial dispute between the parties has been amicably
settled. The compromise for the offence under Section 406 IPC
was submitted before the learned trial court, which has been
attested on 25.01.2018 and the accused-petitioners have been
acquitted for the offence under Section 406 IPC on the basis of
compromise, but the proceedings under Section 498A IPC is still
pending against the accused-petitioners.
Complainant-respondent No.2 Neetu submits that in view of
the compromise and amicable settlement between the parties,
she is not interested in continuation of the trial for the offence
under Section 498-A IPC against the accused-petitioners, who are
her husband and mother-in-law.
In view of the aforesaid compromise, this Court is satisfied
that continuation of the proceedings will only be an abuse of
process of law and will disturb the peaceful relationship between
the parties.
In view of above, the misc. petition is allowed and the
proceedings pending before the Court of Addl. Chief Judicial
Magistrate No.1, Behror, Distt. Alwar in Criminal Case No.24/2015
(State Vs. Pawan Kumar Anr.) for the offence under Section
498A IPC is quashed and set-aside.
(DEEPAK MAHESHWARI)J.
Rm/107