HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
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.
1. State of Rajasthan Through P.P.
2. Indu Saraswat D/o Dr. P.D. Saraswat, R/o Bhandarej, Tehsil
Dausa, Distt. Dausa.
For Petitioner(s) : Mr. Ritesh Jain
For Respondent(s) : Mr. Aladeen Khan, PP
HON’BLE MR. JUSTICE DEEPAK MAHESHWARI
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)
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
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.