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2011 DIGILAW 2657 (RAJ)

Man Mohan Singh @ Mohan Lal v. State of Rajasthan

2011-12-02

NISHA GUPTA

body2011
JUDGMENT 1. - This misc. petition under Section 482, Cr.P.C. has been filed against the order dated 14.11.2011 whereby the trial court has refused to accept the compromise between the parties under Section 498A IPC. 2. The only contention of the present petitioners is that present petitioner and respondent no.2 have amicably settled their matrimonial dispute and now respondent no.2 does not to pursue the proceedings under Section 498A and hence the direction be given to the trial court to accept the compromise under Section 498A. 3. A bare perusal of the impugned order goes to show that the trial court has refused to accept the compromise under Section 498A, as it is not compoundable offence under Section 320, but when the parties have arrived at a compromise, no useful purpose would be service to prosecute the present petitioner under Section 498A IPC, hence this petition is liable to be allowed. 4. In view of the above, this misc. petition is allowed and the learned trial court is directed to accept the compromise under Section 498A IPC and he should act in accordance with law.Petition allowed. *******