LAWS(RAJ)-2014-3-374

MASIUDDIN Vs. STATE OF RAJASTHAN

Decided On March 28, 2014
Masiuddin Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By way of this criminal misc. petition under Section 482 Cr.P.C. the accused-petitioners have come to this Court with a prayer to quash the proceedings pending before the Metropolitan Magistrate No.3, Jaipur Metropolitan, Jaipur in Criminal Case No.138/2012 for the offences punishable under Sections 498-A and 406 IPC initiated on the report lodged by the respondent-wife mainly on the ground that the dispute between the parties has been resolved and they have amicably entered into compromise and settled their dispute and divorce has been taken place between the petitioners and respondent-wife Smt. Shahnaz Parveen.

(3.) The brief relevant facts are that on the First Information Report lodged by the complainant-respondent, after investigation charge-sheet for the offences under Section 498-A and 406 IPC was filed against the accused-petitioners and on that basis above said criminal proceedings in Case No.138/2012 were initiated and during trial both the parties filed an application under Section 320 Cr.P.C. to permit compounding of the aforesaid offences. The trial Court partly allowed the application and permitted to compound the offence under Section 406 IPC vide order dated 26.2.2014 but no order was passed in respect of offence under Section 498-A IPC. In these circumstances, the petitioners have come to this Court by way of this petition to quash the aforesaid criminal proceedings pending before the trial Court on the ground that the parties have resolved their dispute.