MST. AZMAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is directed against the order dated. 16.12.1999 passed by A.C.J.M., Pokran in Cr. Case No. 201/97 (State Vs. Mohd. Sadiq & Ors. ) under Sec. 498A I.RC. whereby the application of the petitioner to quash the proceedings was rejected.

(2.) The facts leading to this petition are that Mst. Azmat filed a F.I.R. against her husband and others for the offence under Sec. 498A I.RC. and a charge sheet was submitted registering the case No. 201/97 (State Vs. Mohd. Sadiq & Ors. ). During the trial the parties submitted a compromise on 16.12.1999 with permission to compromise the matter. The learned Trial Court rejected the application to compromise because the offence under Sec. 498A I.PC. is not compoundable. The case was fixed for final arguments on 12.1.2000. The learned counsel for the petitioner has submitted at Bar that the case is still pending in the Trial Court.

(3.) The learned counsel for the petitioner has contended that petitioner and her husband have compromised the dispute and they have started living peacefully as husband and, wife. The petitioner has delivered a child a few days back. In these circumstances in the interest of justice the proceedings of the Cr. Case No. 201/97 (State Vs. Sadiq & Ors. ) pending in the Court of A.C.J.M., Pokran may be quashed so that fresh dispute may not arise between the parties.