Smt. Mamta Loda D/O Sh. Kishan Lal ... vs State Of Rajasthan
2021 Latest Caselaw 6103 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous (Petition) No. 6727/2021

Smt. Mamta Loda D/o Sh. Kishan Lal Lodha, W/o Dhanraj Lodha,
R/o Gram Swami Ka Baas, P.s. And Tehsil Chaksu, District Jaipur.
                                                  ----Complainant-Petitioner
                                   Versus
1.      State Of Rajasthan, Through P.p.
                                                                ..........Respondent

2. Dhanraj Loda S/o Ram Narayan Lodha, R/o Village Dabla, P.s. - Dablana, Tehsil- Hindoli, District Bundi.

                                                     ----Accused-Respondent


For Petitioner(s)        :     Mr. Atul Kumar Jain
For Complainant(s)       :     Mr. Rajendra Singh Tanwar
For State                :     Mr. Sher Singh Mahla, PP



          HON'BLE MR. JUSTICE PANKAJ BHANDARI

                         Judgment / Order

28/10/2021

1. Complainant-petitioner has preferred this criminal misc.

petition under Section 482 Cr.P.C. seeking quashing of the

Criminal Case No.4436/2021 "State of Rajasthan vs. Dhanraj"

pending before the Special Judicial Magistrate (Mobile) No.2,

Jaipur-District.

2. It is contended by counsel for the complainant-petitioner that

there was some matrimonial dispute. Parties have amicably

settled their dispute. An application under Section 13-B Hindu

Marriage Act was filed before the Family Court for divorce with

mutual consent. It is contended that Court below has compounded

the offence under Section 406 IPC but offence under Section 498-

A IPC is non-compoundable, the same was not compounded. Now

(2 of 2) [CRLMP-6727/2021]

complainant-petitioner does not wish to proceed further with the

case.

3. Accused-respondent-husband has not objected the prayer of

quashing of the proceedings.

4. I have considered the contentions.

5. In view of the fact that there was some matrimonial dispute

and parties have amicably settled their dispute and the

complainant-petitioner does not wish to proceed further with the

case, Criminal Misc. Petition deserves to be and is accordingly,

allowed.

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

No.4436/2021 "State of Rajasthan vs. Dhanraj" pending before

the Special Judicial Magistrate (Mobile) No.2, Jaipur-District is

quashed and set aside.

7. A copy of this order be sent to the concerned Magistrate.

(PANKAJ BHANDARI),J

ARTI SHARMA /235

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