IKRAMUDDIN AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition under section 482 Cr.P.C., the petitioners have prayed to allow this criminal misc. petition and to quash the criminal proceedings in Criminal Case No. 429/2009, State v. Ikramuddin & Ors. pending in the court of Additioinal Civil Judge (J.D.) & Judicial Magistrate (Junior Division) No.13, Jaipur city, Jaipur.

(2.) For the disposal of the present petition the necessary facts are that respondent no.2 Jeba Jeenat filed a complaint in the court of Magistrate which was sent under section 156(3) Cr.P.C. to Mahila Thana (North), Jaipur and FIR No.61/2009 was registered against the petitioners for the offence under section 498A and 406 IPC. In the complaint allegations were of demand of dowry, harassment and cruelty. During the course of trial, an application under section 320 Cr.P.C. was moved stating therein that the parties have comprimised the matter and compromise was also filed along with the application, therefore, the parties be allowed to compromise the case. The learned trial court rejected the application vide order dated 31.8.2009 finding the offences not compoundable under section 320 Cr.P.C. Feeling aggrieved with the order, this petition under section 482 Cr.P.C.has been filed.

(3.) It has been contended by the learned counsel that several disputes arose between the parties have been settled outside the court and now the parties have decided to live independently. They have settled the matter between themselves and no useful purpose would be served in keeping the criminal proceedings alive as it would amount to abuse of the process of the court.