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Vinod Kumar Sharma Son Of Late Shri … vs State Of Rajasthan on 31 May, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 3432/2019

1. Vinod Kumar Sharma Son Of Late Shri Jagdish Prasad
Sharma, Aged About 25 Years, B/c Brahmin R/o Village
Devliya Thikariya, Tehsil Sanganer, Police Station Bagaru,
District Jaipur.
2. Smt. Bara Ji Devi Wife Of Late Shri Jagdish Prasad, B/c
Brahmin, R/o Village Devliya Thikariya, Tehsil Sanganer,
Police Station Bagaru, District Jaipur.
—-Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Mrs. Neelu Sharma Wife Of Vinod Kumar Sharma, Aged
About 23 Years, B/c Brahmin R/o Village Madrampura
Diggi Road, Sanganer, Jaipur.
—-Respondents

For Petitioner(s) : Mr. Sumit Kaswa
For Respondent(s) : Mr. Vinod Kumar Sharma
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 proceedings in Criminal Case

No.36/2016 pending before Judicial Magistrate No.1, Jaipur.

2. It is contended by counsel for the petitioner that parties have

amicably settled the dispute and they have entered into

compromise. 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-3432/2019]

3. It is contended that an application under Section 13-B of the

Hindu Marriage Act has been moved. It is also contended that

balance amount of Rs. 1,00,000/- would be given to complainant

on 12.06.2019 before the Family Court.

4. Complainant 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. 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. 36/2016 pending before Judicial

Magistrate No.1, Jaipur are quashed. Stay application stands

disposed.

8. However, it is made clear that if petitioner does not pay the

balance 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/159

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