JAISHREE TRIVEDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. The present misc. petition has been filed by the petitioner who is complainant in the matter, seeking quashing of the proceedings going on against the respondents for the offences under Sections 498A and 406 IPC. Subsequent to the filing of the charge-sheet in the matter, the dispute which had arisen between the parties appear to have been settled and the spouses had decided to lead a separate life. An application under Sec. 13B of the Hindu Marriage Act has been filed in the Family Court, Jodhpur and the amount of permanent alimony has been paid to the petitioner. The application filed by the petitioner under the provisions of Domestic Violence Act has also been withdrawn.

(2.) The learned counsels appearing for the respective parties submit that now since the spouses, between whom the present prosecution has been launched, have settled their differences and no useful purpose will be served by permitting the criminal proceedings to go on against the respondents as the possibility of the criminal case resulting into conviction is absolutely remote.

(3.) After hearing the learned counsel for the parties and from perusal of the material submitted on record, this Court is of the opinion that since the spouses have already settled their differences and are reported to have filed an application for separation by mutual consent and since the complainant/ petitioner has herself approached this Court by way of present misc. petition for quashing the proceedings, this Court feels that no useful purpose will be served by permitting the criminal proceedings to continue.