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Anil Saraswat vs State Of Raj And Anr on 2 January, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5784 / 2017
Anil Saraswat S/o Shri Bishanlal Saraswat, R/o 157/10, Sindhi
Topdada, Ajmer At Present R/o Satya Niwas, Mali Mohalla, Mohalla
Kundan Nagar, Ajmer.
—-Petitioner
Versus
1. State of Rajasthan Through P.P.

2. Indu Saraswat D/o Dr. P.D. Saraswat, R/o Bhandarej, Tehsil
Dausa, Distt. Dausa.
—-Respondents

__
For Petitioner(s) : Mr. Ritesh Jain
For Respondent(s) : Mr. Aladeen Khan, PP
__
HON’BLE MR. JUSTICE DEEPAK MAHESHWARI
Order
02/01/2018

Heard both the sides on the petition whereby direction

has been sought that the proceedings pending before the Court of

learned CJM, Dausa in Criminal Case No.498/2000 be quashed

and set aside.

Learned counsel for the petitioner submits that FIR

No.5/2000 was filed on 01.01.2000 for the offence under Sections

498-A, 406 IPC at Police Station Dausa. He further submits that

the decree of divorce was passed by the competent court in the

year 2001 on mutual consent by both the parties. Thereafter the

compromise for offence under Section 406 IPC was also attested

by the concerned court. But the application for attesting

compromise for the offence under Section 498-A IPC was rejected
(2 of 2)
[CRLMP-5784/2017]

by the trial court vide order dated 09.10.2017 stating the said

offence was not compoundable.

Learned counsel submits that in view of the fact that

the dispute has been resolved between husband and wife by

mutual consent no purpose will be served by continuation of the

criminal proceeding for the offence under Section 498-A IPC. It

will be a mere abuse of the process of law.

Learned counsel submits that the petition may be

allowed and the proceeding of Criminal Case No.498/2000 may

kindly be quashed and set aside.

Learned Public Prosecutor submits that in view of the

facts stated above, the appropriate order may be passed by the

Court.

In view of the fact that the matrimonial dispute has

been settled between the parties and they have separated by way

of mutual divorce way back in the year 2001 it is quite obvious

that no purpose will be served by continuation of the proceeding

for the offence under Section 498-A IPC and that will only be an

abuse of process of law.

Hence, this Court deems it appropriate to allow this

misc. petition and quash and set aside the proceeding of the

Criminal Case No.498/2000 pending before the Court of CJM,

Dausa for the offence under Section 498-A IPC.

The petition is allowed.

(DEEPAK MAHESHWARI) J.

JKP/34

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