SANJAY KUMAR YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Misc. Petition under Section 482 of the Code of Criminal Procedure has been filed for quashing the criminal proceedings pending in the Court of Additional Chief Judicial Magistrate No. 1, Behror, District Alwar in criminal case No. 8/2005 arises out of the FIR No. 171/2004 which was registered at Police Station Mandhan on the report of the complainant-non-petitioner No. 2 Smt. Pinky @ Preeti dated 17.11.2004 for the offence under Sections 498A and 406 IPC.

(2.) Heard learned counsel for the petitioners, learned Public Prosecutor for the State and the counsel appearing for the non-petitioner No. 2 and perused the material placed during the course of arguments.

(3.) It is submitted on behalf of the petitioners which is not controverted that petitioner No. 1 Sanjay Kumar Yadav is husband of non-petitioner No. 2 Smt. Pinky @ Preeti and on account of some matrimonial dispute this FIR came to be lodged but subsequently all their disputes have been resolved and parties have entered into amicable settlement. They have decided to live peacefully and separately. The compromise has also been filed before the trial Court but the same could not be attested because the offences were not compoundable. It was further contended that there are no chances of conviction in the present scenario, rather the pendency of the criminal case would disturb the accused petitioner Sanjay Kumar Yadav and the non-petitioner No.2 Smt. Pinky @ Preeti in the enjoyment of their peaceful life. The object of introducing Chapter XX-A containing Section 498A in the: Indian Penal Code, was only to prevent the torture to a woman by her husband or his other relatives and when the parties have entered into amicable settlement Section 320 of the Code of Criminal Procedure does not stand as a bar for quashing the proceedings under Section 482 of the Code of Criminal Procedure just to meet the ends of justice.