GAJANAND MEENA (MINA) SON OF LATE SHRI GULLA RAM MEENA (MINA), AGED ABOUT 28 YEARS Vs. STATE OF RAJASTHAN THROUGH ITS PUBLIC PROSECUTOR

JUDGEMENT

(1.) Accused-petitioners have filed this criminal miscellaneous petition under Sec. 482 of the Code of Criminal Procedure praying for quashment of criminal proceedings in Criminal Case No.722/2015 pending in the court of Metropolitan Magistrate No.24, Bassi, Jaipur, which arose out of F.I.R. No.23/2014, Police Station Bassi, District Jaipur, for offence under Sections 498A and 406 of the Indian Penal Code and also for quashment of the charge-sheet filed therein.

(2.) It is contended that marriage of accused-petitioner no.1 and complainant-respondent no.2 was solemnized on 08.12.2004, but the same could not continue longer on account of certain disputes arose between parties to marriage and from 16.12.2013 the complainant-respondent no.2 left the matrimonial home permanently and has been residing with her parents. The F.I.R. No.23/2014, on the basis of complaint, came to be registered at Police Station Bassi, District Jaipur for offence under Sections 406 and 498-A Penal Code at the instance of the complainant-respondent no.2 and after investigation, the police filed charge-sheet against accused-petitioners and Criminal Case No.722/2015 was registered before the Metropolitan Magistrate No.24, Bassi, Jaipur, for alleged offences punishable under Sections 406 and 498-A IPC. Thereafter, complainant-respondent no.2 filed an application under the provisions of the Domestic Violence Act, 2005, which was registered as Case No.15/2015 before the trial court, which, due to the compromise arrived at between the parties, was permitted to be withdrawn and proceedings therein were dropped by the trial court vide order dated 28.03.2016.

(3.) It is contended that during the course of trial in Criminal Case No.722/2015, accused-petitioner no.1 and complainant-respondent no.2 amicably settled their disputes and arrived at compromise in the spirit of 'lok adalat' and executed compromise-deed dated 10.06.2015. The parties to marriage finally settled their all disputes and a permanent alimony of Rs. 9,00,000.00 (Rupees nine lacs only) was decided to be paid by the accused-petitioner no.1 to complainant-respondent no.2, which was paid through demand draft and accepted by complainant-respondent no.2, who encashed the same in her bank account on 28.03.2016. Thereafter, the complainant-respondent no.2 agreed to withdraw all the cases filed by her and also agreed to have decree of divorce. Therefore, both the parties to marriage i.e. accused-petitioner no.1 and complainant-respondent no.2 moved joint application for dissolution of their marriage and grant of decree of divorce. The learned Family Court No.2, Jaipur, vide its judgment and decree dated 09.04.2016 allowed the joint application of the parties and passed decree dissolving their marriage. On the basis of compromise-deed, the proceedings initiated under the provisions of Domestic Violence Act, 2005, also came to be withdrawn on the behest of the complainant-respondent no.2 herself.