SOW SUJATA Vs. HIRAJI

JUDGEMENT

(1.) By consent, taken up for final hearing and heard.

(2.) The application is for quashing of the proceedings in Criminal Case bearing R.C.C.No.248 of 2006 under Sec. 482 of the Cr.P.C. The offence for which the proceedings are initiated is one punishable under Sec. 498-A of the I.P.C.

(3.) The applicant is the complainant in the given criminal case. The respondent No.1 is the accused, against whom the criminal proceedings are launched. He is Advocate. The spouses were incompatible. They settled the dispute. They arrived at a compromise of which copy is placed on record (P-10). In pursuance to the terms of the compromise, by mutual consent, they have obtained divorce decree under Sec. 13-B of the Hindu Marriage Act in H.M.P. No.F-24/2007. A copy of the Judgment in divorce petition is also placed on record. The parties agreed that the applicant shall withdraw the proceedings under Sec. 498-A of the I.P.C. pending in the Court of Chief Judicial Magistrate at Aurangabad. Needless to say, due to such settlement of dispute now the pending criminal proceedings would amount to abuse of process of Court. For, even if the trial will proceed then also it will be only farcical. For, the applicant herself is unwilling to proceed with the trial. Considering these reasons, I am inclined to allow the application and quash the impugned criminal proceedings and the F.I.R.