Lalaram Mahavar S/O Sh. Omprakash ... vs State Of Rajasthan
2021 Latest Caselaw 6614 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous (Petition) No. 7278/2021

Lalaram Mahavar S/o Sh. Omprakash Mahavar, R/o Babaji Ki
Chhawani, Dausa, District Dausa (Raj).
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through P.p.
2.      Sunita Devi W/o Sh. Lalaram Mahavar, R/o House No. 23
        Hudko Aawasiya Nagatalai, Near Surajpole Anaj Mandi,
        Surajpole, Jaipur (Raj).
                                                                ----Respondents

For Petitioner(s)         :    Mr. Surendra Singh
For Complainant(s)        :    Mr. Nirmala Kushwah
For State                 :    Mr. Sher Singh Mahla, PP



          HON'BLE MR. JUSTICE PANKAJ BHANDARI

                          Judgment / Order

17/11/2021

1. Petitioner has preferred this criminal misc. petition under

Section 482 Cr.P.C. for quashing of Criminal Case No.21/2021

pending before the Metropolitan Magistrate No.3, Jaipur

Metropolitan-II.

2. It is contended by counsel for the petitioner that there was

matrimonial dispute between the petitioner and the complainant-

respondent No.2. They have amicably settled their dispute and

have agreed to live separately. Compromise to this effect was also

filed before the Court below and Court below has rejected the

prayer on the ground that offence under Section 498-A of IPC is

non-compoundable.

(2 of 2) [CRLMP-7278/2021]

3. Counsel for the complainant has not disputed the fact of

parties having entered into compromise and has no objection to

quashing of the proceedings pending before the Court below.

4. I have considered the contentions.

5. The dispute in question is matrimonial dispute which has

been resolved by the parties. They have decided to live separately

and the compromise has arrived at between them. As per the

terms of compromise, parties have decided to withdraw the

criminal case. Since parties have amicably settled their dispute,

continuation of proceedings pending before the Court below would

cause great inconvenience to the parties, therefore, I deem it

proper to allow the criminal misc. petition.

6. Accordingly, Criminal Misc. Petition is allowed. Proceedings

pending before the Metropolitan Magistrate No.3, Jaipur

Metropolitan-II in Criminal Case No.21/2021 are quashed and set

aside. Stay application also stands disposed of.

7. Copy of this order be sent to the concerned Court below.

(PANKAJ BHANDARI),J

ARTI SHARMA /183

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