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Pawan And Anr vs State Of Raj And Anr on 20 February, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 920 / 2018
1. Pawan S/o Late Shri Rohitash Singh B/c Aheer, R/o Dabadwas
Tehsil Neemrana Distt. Alwar

2. Smt. Shakuntala Devi W/o Late Shri Rohitash Singh B/c Aheer,
R/o Dabadwas Tehsil Neemrana Distt. Alwar
—-Petitioners
Versus
1. State of Rajasthan Through PP.

2. Neetu W/o Pawan, D/o Ramsingh B/c Aheer, R/o Dabadwas
Tehsil Neemrana Distt. Alwar At Present R/o Katuvas Tehsil
Neemrana Distt. Alwar
—-Respondents

__
For Petitioner(s) : Mr. Ashvin Garg.

For Respondent(s) : Mr. V.S. Godara, PP
Mr. Ramavtar Meena.

__
HON’BLE MR. JUSTICE DEEPAK MAHESHWARI
Order
20/02/2018

Heard learned counsels for both the sides as also petitioner

No.1 Pawan and complainant-respondent No.2 Neetu, who are

present in person before the Court alongwith their respective

counsels.

This misc. petition has been preferred on behalf of accused-

petitioners to quash and set-aside the criminal proceedings in Cr.

Case No.24/2015 (State Vs. Pawan Kumar) arising out of FIR

No.196/2014, PS Mandhan, District Alwar pending before the

Court of Addl. Chief Judicial Magistrate No.1, Behror, District Alwar

for the offence under Section 498A IPC.

(2 of 2)
[CRLMP-920/2018]

Counsel for both the sides as also the parties admit that the

matrimonial dispute between the parties has been amicably

settled. The compromise for the offence under Section 406 IPC

was submitted before the learned trial court, which has been

attested on 25.01.2018 and the accused-petitioners have been

acquitted for the offence under Section 406 IPC on the basis of

compromise, but the proceedings under Section 498A IPC is still

pending against the accused-petitioners.

Complainant-respondent No.2 Neetu submits that in view of

the compromise and amicable settlement between the parties,

she is not interested in continuation of the trial for the offence

under Section 498-A IPC against the accused-petitioners, who are

her husband and mother-in-law.

In view of the aforesaid compromise, this Court is satisfied

that continuation of the proceedings will only be an abuse of

process of law and will disturb the peaceful relationship between

the parties.

In view of above, the misc. petition is allowed and the

proceedings pending before the Court of Addl. Chief Judicial

Magistrate No.1, Behror, Distt. Alwar in Criminal Case No.24/2015

(State Vs. Pawan Kumar Anr.) for the offence under Section

498A IPC is quashed and set-aside.

(DEEPAK MAHESHWARI)J.

Rm/107

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