JUDGMENT 1. - Heard learned counsel for the parties. 2. By way of this criminal misc. petition under Section 482 Cr.P.C. the accused-petitioners have come to this Court with a prayer to quash the proceedings pending before the Metropolitan Magistrate No.3, Jaipur Metropolitan, Jaipur in Criminal Case No.138/2012 for the offences punishable under Sections 498-A & 406 IPC initiated on the report lodged by the respondent-wife mainly on the ground that the dispute between the parties has been resolved and they have amicably entered into compromise and settled their dispute and divorce has been taken place between the petitioners and respondent-wife Smt. Shahnaz Parveen. 3. The brief relevant facts are that on the First Information Report lodged by the complainant-respondent, after investigation charge-sheet for the offences under Section 498-A & 406 IPC was filed against the accused-petitioners and on that basis above said criminal proceedings in Case No.138/2012 were initiated and during trial both the parties filed an application under Section 320 Cr.P.C. to permit compounding of the aforesaid offences. The trial Court partly allowed the application and permitted to compound the offence under Section 406 IPC vide order dated 26.2.2014 but no order was passed in respect of offence under Section 498-A IPC. In these circumstances, the petitioners have come to this Court by way of this petition to quash the aforesaid criminal proceedings pending before the trial Court on the ground that the parties have resolved their dispute. 4. On consideration of submissions made on behalf of the respective parties and the material made available for my perusal and more particularly in view of the fact that the parties have resolved their dispute and divorce has been taken place between husband and wife and the aforesaid facts were admitted by the complainant-respondent, who was personally present before the Court and also in view of the fact that the present case is wholly covered by the principle of law recently laid down by a Larger Bench of Hon'ble Supreme Court in the case of Gian Singh v. State of Punjab & Anr-SLR (Cr.) No.8989/2010 and others, decided on 24.9.2012 , I find that it is a fit case in which criminal proceedings pending before the Court below are required to be quashed and set aside. 5. In view of the above, the criminal misc.
5. In view of the above, the criminal misc. petition is allowed and the criminal proceedings pending before the Court of Metropolitan Magistrate No.3, Jaipur Metropolitan, Jaipur in Criminal Case No.138/2012 are quashed and set aside and as a consequence thereof the accused-petitioners are acquitted for the offence punishable under Sections 498-A IPC.Petition allowed. *******