SUSHMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This joint Criminal Misc. Petition has preferred by the I complainant i.e. petitioner No. 1 and accused persons i.e. Petitioner Nos. 2 to 4 J with the prayer for quashing the proceedings pending against the petitioner Nos. I 2 to 4 before the Judicial Magistrate, Metropolitan Jodhpur in Criminal Case No. I 444 of 2011, State of Rajasthan v. Surjeet Sain & Ors. for the offence punishable I under Section 498-A I.P.C.

(2.) Brief facts of the case are that on a complaint lodged at the instance of I the petitioner No. 1, before the Judicial Magistrate, Metropolitan Jodhpur against the petitioner Nos. 2 to 4, the trial was pending against them for the I offence under Section 498-A and 406 I.P.C.

(3.) During the pendency of the trial, the petitioner No. 1 and the petitioner I No. 2 have decided to live separately by mutual consent and in this regard an application under Section 13-B of the Hindu Marriage Act, 1955 is already filed by the petitioner Nos. 1 and 2 and the same is pending adjudication before the Family Court, Jodhpur and before filing the same the petitioner No. 1 has also received the permanent alimony from the petitioner No. 2 and no amount is I pending as regard to the maintenance.