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1998 DIGILAW 1078 (RAJ)

Rameshwar v. State of Rajasthan

1998-10-14

B.J.SHETHNA

body1998
JUDGMENT 1. - The complainant Vandana Chaudhary wife of present accused petitioner Rameshwar lodged a written FIR No. 143/98 before Women Police Station, Jodhpur against her husband-present accused for the offence punishable under Section 498-A and 406 IPC alleging that even after ten years of married life her husband was ill treating her. The present accused filed anticipatory bail application under Section 438 Cr.P.C. before the trial court first, which was rejected on 6.10.1998. Hence, he has filed this bail petition under Section 438 Cr.P.C. 2. On 9.10.1998, this Court directed the learned Public Prosecutor to keep the I.O. present before this Court with case diary and also keep the original complainant present before this Court on 14.10.98 i.e. today. Accordingly, original complainant Smt. Vandana Chaudhary remained present before the Court. The accused is also present before the Court. Looking to their age and considering other factors, a suggestion was made to compromise the matter. The said suggestion was accepted by both of them in presence of their learned counsel. Petitioner, Rameshwar has filed affidavit and gave personal undertaking to the Court that in future he will not misbehave with his wife and will keep her well. The said affidavit is re-produced as under- " fd esjs f[kykQ esjh iRuh Jherh oanuk us iqfyl Fkkuk efgyk 'kgj tks/kiqj esa vUrxZr /kkjk 498-A, 406 Hkk0na0l0 esa eqdnek ntZ djok;k ftldh ,Q0vkbZ0vkj0 la[;k 143@98 gSA ftlds vUnj ifjoknuh o eSaus jkthukek dj fy;k gS rFkk eSa 'kiFkiwoZd c;ku nsrk gwWa fd vkbank Hkfo"; esa esjh iRuh dks jkth&[kq'kh j[kwaxk mls fdlh izdkj dh rdyhQ ugha gksus nwWaxk ,oa vU; fL=;ksa ls fdlh izdkj dk dksbZ lEcU/k ugha j[kwWaxkA rFkk eSa vius ifjokj ds ykyu&ikyu esa iw.kZ lg;ksx d:WaxkA ftlls fd esjh x`gLFkh lqpk: :i ls py lds] lkekftd n`f"Vdks.k ls py ldsA " 3. Both of them have also filed compromise which is duly signed by them and identified by their counsel. Learned Public Prosecutor Shri Vyas has also perused the same. 4. Thus, the matter comes to a happy end. In view of the above, there is no purpose of keeping the complaint i.e. FIR No. 143/98 pending and by consent of the complainant and learned Public Prosecutor FIR No. 143/98 filed by the complainant Smt. Vandana Chaudhary before the Women Police Station, Jodhpur is hereby quashed. 5. 4. Thus, the matter comes to a happy end. In view of the above, there is no purpose of keeping the complaint i.e. FIR No. 143/98 pending and by consent of the complainant and learned Public Prosecutor FIR No. 143/98 filed by the complainant Smt. Vandana Chaudhary before the Women Police Station, Jodhpur is hereby quashed. 5. Once the said FIR is quashed, there is no question of granting ' anticipatory bail. Accordingly this petition is disposed of. The affidavit and compromise filed by the parties are ordered to be taken on record. 6. It is made clear that in future if the petitioner, Rameshwar mis-behave with his wife then same would be viewed seriously and it would be open to his wife Smt. Vandana to take appropriate action against him. It is also made clear that after giving such undertaking before this Court on oath if the petitioner commits breach of such undertaking then he will be liable for appropriate proceedings including contempt proceedings also. 7. With these observations, this petition is disposed of.Petition Disposed of as Above. *******