SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sagar Sharma And Ors vs State Of Raj And Anr on 7 February, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 669 / 2018
1. Sagar Sharma S/o Shri Panna Lal Sharma, Aged About 29
Years, R/o 122, Shanti Nagar, Kings Road, Jaipur.

2. Panna Lal Sharma S/o Shri H.L. Sharma, R/o 122, Shanti
Nagar, Kings Road, Jaipur.

3. Smt. Sudha Sharma W/o Shri Panna Lal Sharma, R/o 122,
Shanti Nagar, Kings Road, Jaipur.
—-Petitioners
Versus
1. State of Rajasthan Through PP.

2. Smt. Akansha Sharma, D/o Shri Umesh Sharma, Aged About
27 Years, R/o House No. 40, Santosh Nagar, Opposite J.K. Petrol
Pump, Nirman Nagar, Ajmer Road, Jaipur.
—-Respondents

__
For Petitioner(s) : Mr. Ankur Gupta.

For Respondent(s) : Mr. V.S. Godara, PP
Mr. Devendra Sharma.

__
HON’BLE MR. JUSTICE DEEPAK MAHESHWARI
Order
07/02/2018

This misc. petition has been preferred by accused-petitioners

with a prayer to quash and set-aside the proceedings in Criminal

Case No.263/2016 (State Vs. Sagar Sharma Ors.) pending

before the Court of Metropolitan Magistrate No.12, Jaipur

Metropolitan.

Heard learned counsel for the accused-petitioner as also

learned counsel for the complainant-respondent No.2 and learned

Public Prosecutor for the State.

Accused-petitioners – Sagar Sharma, Panna Lal Sharma

Smt. Sudha Sharm and complainant-respondent No.2 Smt.

Akansha Sharma are present in person, who are represented and

identified by their respective counsels.

(2 of 2)
[CRLMP-669/2018]

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 16.12.2017. He submits that now the offence under

Section 498A IPC is pending trial.

Learned counsel appearing for the respondent No.2 Smt.

Akansha Sharma admits the aforesaid fact. Counsel further

submits that the complainant is not interested in continuation of

the trial for the offence under Section 498-A IPC.

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 trial court.

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, in 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 Metropolitan Magistrate

No.12, Jaipur Metropolitan in Criminal Case No.263/2016 (State

vs. Sagar Sharma Ors.) for the offence under Section 498A IPC

is quashed and set-aside.

(DEEPAK MAHESHWARI) J.

Rm/85

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please to read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registrationJOIN WELCOME GROUP HERE

We handle Women centric biased laws like False 498A, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307,312, 313,323 376, 377, 406, 420, 506, 509; and also TEP, RTI etc

Web Design BangladeshWeb Design BangladeshMymensingh