PANKAJ KUMAR Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing the criminal proceedings of Criminal Case No.543/2011 (State v. Pankaj Kumar) arising out of FIR No.231/2010 of Police Station, Bhinmal, District Jalore pending in the Court of Additional Chief Judicial Magistrate, Bhinmal, District Jalore. It is contended that the matrimonial dispute for which the criminal complaint was lodged and the proceedings are pending against the petitioner has already been resolved between the parties and the petitioner as well as the respondent No.2 have decided to live separately.

(2.) It is also contended by learned counsel for the petitioner that on the basis of the compromise arrived at between the petitioner and the respondent No.2, the Family Court, Firozabad has already allowed the application of the petitioner filed under Section 13-B of the Hindu Marriage Act, 1955 and passed divorce decree to the petitioner on the basis of mutual compromise.

(3.) It is noticed that that after due investigation in connection with the allegations levelled in the FIR No.231/2010 pertaining to Police Station, Bhinmal, District Jalore, the police has filed charge-sheet against the petitioner for the offence punishable under Sections 498-A and 323 IPC, while invoking the provisions of Section 299 Cr.P.C. as the petitioner was absconding. After filing of the charge-sheet by the police, the Additional Chief Judicial Magistrate, Bhinmal, District Jalore has taken cognizance against the petitioner for the offence punishable under Sections 498-A and 323 IPC and has also ordered for issuance of standing arrest warrant for summoning the petitioner. The court below has also ordered for initiating the proceedings under Sections 82 and 83 Cr.P.C. against the petitioner.