AANJANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AN application has been filed on behalf of Hari Shanker through his counsel Mr. P. S. Rathore seeking transposition of respondent No. 2 Hari Shanker as petitioner. From the petition filed by Smt. Aanjana W/o Hari Shanker, it appears that respondent Hari Shanker has common cause and seeks the similar relief. In the circumstances, therefore, the application seeking transposition is allowed. Respondent No. 2 be impleaded as transposed petitioner No. 2. Amended cause title has already been filed. With the consent of the learned counsel for the parties, the petition is finally heard and is being disposed of at the admission stage.

(2.) BY the instant petition under Sec. 482 Crpc, petitioner seek quashing the proceedings in Criminal Regular Case No. 107/2004 pending before the Judicial Magistrate No. 2, Bhilwara for the offences under Sec. 498-A IPC.

(3.) IN Madhavrao Jiwanjirao Scindia vs. Sambhajirao Chandrojirao Angre (2), the Hon'ble Apex Court held that while exercising inherent power of quashing under Sec. 482 Crpc, it is for the High Court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue. The special features in such matrimonial matters are evident and it becomes the duty of the Court to encourage genuine settlement of matrimonial disputes.