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2008 DIGILAW 2340 (RAJ)

Yogesh Agarwal v. State of Rajasthan

2008-10-15

G.S.SARRAF

body2008
JUDGMENT G.S. Sarraf, J. - This criminal misc. petition under Section 482 Cr.P.C. has been filed for quashing criminal proceedings of the Criminal Case No. 2 of 2006, State v. Yogesh and others pending in the Court of Additional Civil Judge (Jr.Div.) and Judicial Magistrate 1st Class No. 4, Alwar under Sections 498-A and 406 I.P.C. on the ground of compromise between the parties.2. Heard learned counsel for the petitioners, learned Public Prosecutor and learned counsel for the respondents Nos. 2 and 3.3. All the four petitioners as identified by their counsel Mr. S.S.Hora and the respondents Nos. 2 and 3 as identified by their counsel Mr. Bharat Singh are present in the Court and they state that they have amicably settled the matter and now there remains no dispute between them.4. Learned counsel for the petitioners and learned counsel for the respondents Nos. 2 and 3 submit that a written compromise has also been filed by the parties in this Court.5. Where the parties in a matrimonial matter have entered into a compromise and the offences are not compoundable the Court can, in the exercise of its inherent powers, quash the proceedings so that the parties may live in a peaceful manner and further litigation between them may not continue.6. Consequently, the petition is allowed and the proceedings of Criminal Case No. 2 of 2006, State v. Yogesh & Ors. pending in the Court of Addl. Civil Judge (Jr. Div.) and Judicial Magistrate 1st Class No. 4, Alwar are hereby quashed.7. Record be returned to the trial Court immediately. Petition allowed. *******