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Ankit Sharma S/O Late Shri Mahavir … vs State Of Rajasthan on 31 May, 2019

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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