HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2949/2019
1. Ankit Sharma S/o Late Shri Mahavir Prasad Sharma B/c
Sharma, R/o 906, M.i.g.-A Block, Pratap Appartment,
Sector 29, Pratap Nagar, Jaipur, Raj.
2. Sanjay Singh S/o Late Shri Mangla Prasad Singh B/c
Rajput, R/o Bonjar Building, Room No.103, A Wing,
Khargar, Sector 10, New Mumbai.
—-Petitioners
Versus
1. State Of Rajasthan, Through Pp.
2. Dimple Sharma W/o Shri Ankit Sharma, D/o Shri Ajay
Kumar Sharma B/c Sindhi, R/o P.no.25, Kalyan Vihar,
Govindpura, Kalwar Road, Jhotwara, Jaipur.
—-Respondents
For Petitioner(s) : Mr. O.P. Mishra for
Mr. Shyam Sunder Sharma
For Respondent(s) : Mr. Sumer Saini
For State : Mr. Arvind Kumar Chawla, P.P.
HON’BLE MR. JUSTICE PANKAJ BHANDARI
Order
31/05/2019
1. Petitioners have preferred this Criminal Miscellaneous
Petition seeking quashing of criminal proceedings in Criminal Case
No.488/2018 pending before Metropolitan Magistrate No.21,
Jaipur, Metropolitan.
2. It is contended by counsel for the petitioners that parties
have amicably settled the dispute. Learned Court below has
compounded the offence under Section 406 I.P.C but as the
offence under Section 498-A of I.P.C. is non-compoundable, the
same was not compounded.
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(2 of 2) [CRLMP-2949/2019]
3. Petitioner No.1 and Respondent No.2 have decided to seek
divorce by mutual consent and have moved an application under
Section 13-B of the Hindu Marriage Act.
4. It is further contended that part amount has already been
paid to the complainant and balance amount has been deposited
with the Family Court by means of demand draft. The same is
handed-over to petitioner No.1 for renewal.
5. Complainant is present in person in the Court who has not
disputed the fact that parties have amicably settled the dispute.
6. I have considered the contentions.
7. In view of the fact that parties have amicably settled the
dispute, the present Criminal Miscellaneous Petition is allowed and
proceedings in Criminal Case No. 488/2018 pending before
Metropolitan Magistrate No.21, Jaipur, Metropolitan are quashed.
8. However, it is made clear that if petitioners do not pay the
amount as agreed between the parties, complainant would be free
to move an application before this Court for appropriate orders.
(PANKAJ BHANDARI),J
Simple Kumawat/174
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