PRATIMA MATHUR Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) The present criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing of proceedings in Criminal Case No. 108/2007 pending before the Court of Judicial Magistrate, First Class No.2, Ajmer for the offence under Section 498-A and 406 IPC on the basis of the compromise arrived at between the parties, and to set aside the order dated 03.10.2009 passed by the Judicial Magistrate, First Class No.2, Ajmer.

(2.) Learned counsel for the petitioner submits that respondent-husband Sandeep Mathur and petitioner-wife Pratima Mathur have submitted a compromise before the trial Court, but the trial Court vide its order dated 03.10.2009 refused to attest the same on the ground that the offences under Sections 498-A and 406 IPC are non compoundable.

(3.) It is also submitted that the petitionerwife and the respondent-husband have mutually agreed to divorce and in this regard they also moved an application under Section 13-B of the Hindu Marriage Act before the District & Sessions Judge, Rohini Courts, Delhi for the dissolution of their marriage by way of a decree of divorce by mutual consent and the same has been allowed by the Additional District Judge (North West)-02, Rohini Courts, Delhi vide judgment dated 01.08.2009 and decree of divorce has been passed.