HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3404/2019
Bhanu Pratap Singh S/o Sh. Gopal Singh, Aged About 31 Years,
R/o Derio Ka Bas, Rai Colony, Barmer.
—-Petitioner
Versus
1. State Of Rajasthan, Through Pp.
2. Bhawna @ Rubi W/o Sh. Bhanu Pratap Singh, D/o Sh.
Man Singh, Aged About 26 Years, R/o A-4, Ganesh Vihar,
Chak Getor, Sanganer, Jaipur.
—-Respondents
For Petitioner(s) : Mr. Tapeshwar Lal Singh Parmar
For Respondent(s) : Mrs. Vijay Sharma
For State : Mr. Arvind Kumar Chawla, P.P.
HON’BLE MR. JUSTICE PANKAJ BHANDARI
Order
31/05/2019
1. Petitioner has preferred this Criminal Miscellaneous Petition
seeking quashing of proceedings under Sections 498-A and Section406 of
I.P.C. in Criminal Case No. 95/2018 pending before Judicial
Magistrate No.2, Jaipur.
2. It is contended by counsel for the petitioner that parties have
amicably settled the dispute and compromise was filed before the
Court below. 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, prayer to that extent was rejected.
3. It is contended that parties have filed an application under
Section 13-B of the Hindu Marriage Act for divorce by mutual
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consent. It is also contended that part amount has already been
paid to non-petitioner.
4. Non-petitioner is present in person in the Court who has not
disputed the fact that parties have amicably settled the dispute.
She has no objection to the quashing of the criminal proceedings
pending before the Court below.
5. I have considered the contentions.
6. As per the compromise arrived at between the parties, Rs.
7,50,000/- is to be paid to the non-petitioner at the time of
passing of decree of divorce by mutual consent.
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. 95/2018 pending before Judicial
Magistrate No.2, Jaipur are quashed. Stay application stands
disposed.
8. However, it is made clear that if petitioner does not pay the
said amount, as agreed between the parties, non-petitioner would
be free to move an application before this Court for appropriate
orders.
(PANKAJ BHANDARI),J
Simple Kumawat/149
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