SWETA SAXENA AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard counsel for the parties. The matrimonial dispute between the parties which resulted into criminal proceedings u/ss. 498-A, 406, 420 & 120-B Penal Code against the accused-petitioners pending in the Court of Judicial Magistrate No. 13, Jaipur City, Jaipur has been settled amicably and the parties have entered into compromise.

(2.) It appears from the contents of the petition that the complainant-petitioner has withdrawn the application filed before the Family Court for grant of maintenance. She has also received an amount of Rs. 62,000.00 as against full and final settlement. The parties have also filed an application seeking decree of divorce by mutual consent. Having compromised the matter, the complainant and the accused-petitioners filed an application before the trial Court for attesting compromise, but the trial Court vide its order dated 20.5.2005 declined to attest the compromise in view of the bar created by Sec. 320 Crimial P.C. It was in these circumstances that the complainant-petitioner and the accused-petitioners have jointly filed this petition u/s. 482 Crimial P.C.

(3.) It is well settled that while exercising inherent jurisdiction the Court should encourage genuine settlements of the cases arising out of matrimonial disputes. While considering the object of introducing Chapter XX-A containing Sec. 498-A their Lordships of the Supreme Court in B.S. Joshi & Ors. Vs. State of Haryana, (2003) 4 SCC 675 have observed as under :