RAJESH SHARMA Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) The present miscellaneous petition has been filed by the petitioner seeking quashing of the proceedings in Criminal Case No. 593/2010 arising out of F.I.R. No. 97/2009, Women Police Station, Udaipur pending against the petitioner in the Court of the learned Additional Chief Magistrate No. 2, Udaipur and instituted at the instance of the respondent No. 2 Smt. Sonia for the offence under Sections 498-A and 406, I.P.C.

(2.) The first Information Report in this case was filed by the respondent No. 2 against the petitioner. On the basis of the said F.I.R. the charge-sheet was filed and the trial is going on in the Court of the learned Additional Chief Judicial Magistrate No. 2, Udaipur. During pendency of the trial, the parties arrived at a compromise and accordingly an application was filed on behalf of the complainant (respondent No. 2) and the petitioner before the trial Court for terminating the proceedings on the basis of the compromise. The said application was filed on 28.3.2012. The trial Court, vide order dated 28.3.2012 allowed the parties to compound the offence under Sec. 406 Indian Penal Code, however rejected the said application so far as the offence under Sec. 498-A, I.P.C is concerned; hence the present miscellaneous petition for quashing of the proceedings against the accused-petitioner.

(3.) Mr. Deepak Menaria, learned counsel appearing on behalf of the petitioner and Mr. Sabir Khan, learned Counsel appearing on behalf of the complainant-respondent No. 2, have submitted that the dispute arose between the husband and wife owing to matrimonial differences and thus the complainant-respondent No. 2 was led to file the first information report against the petitioner. Thereafter wiser counsel have prevailed and the parties to the litigation have decided to settle the dispute by way of compromise and accordingly the compromise-petition was filed in the trial Court, which has been rejected by the impugned order. Learned counsel further submits that on an application under Sec. 13-B of the Hindu Marriage Act filed by the parties seeking decree of divorce on mutual consented the competent Family Court, Udaipur has passed a decree of divorce vide judgment dated 28.3.2012.