Kamal Nayan Sanadhya son of Shri Mohan Lal Ji Sanadhya v. State of Rajasthan
2018-01-11
DEEPAK MAHESHWARI
body2018
DigiLaw.ai
ORDER : 1. This misc. petition has been preferred by accused-petitioners with a prayer to quash and set-aside the proceedings in Criminal Case No.1977/2012 titled as State vs. Kuldeep Sanadhya & Ors. pending before the Court of Additional Civil Judge-cum-Metropolitan Magistrate No.12, Jaipur Metropolitan for the offence under Sections 498A, 384 & 120-B IPC. 2. Heard learned counsel for the accused-petitioners as also learned counsel for the complainant-respondent No.2 and learned Public Prosecutor for the State. 3. Learned counsel for both the sides submit that the petitioners are father-in-law and mother-in-law of the complainant-respondent wife Smt. Rinku Sharma. This is an admitted fact that the matrimonial discord between the husband and wife has been settled and petition under Section 13-B of the Hindu Marriage Act, 1955 was filed by them before Family Court No.2, Jaipur Metropolitan on 13.02.2017. Decree of divorce on mutual consent has also been passed by the aforesaid court. 4. Learned counsel for the petitioners submits that though the offences are not compoundable but all the matrimonial disputes have been settled between the parties and continuation of the proceedings for the aforesaid offences will be of no use and will amount to abuse of process of law. 5. In view of the facts stated above, this Court thinks it proper to allow the petition preferred by accused-petitioners taking this fact into consideration that after the resolution of the matrimonial dispute amicably, continuation of the criminal proceeding will disturb the harmonious and peaceful relation between the parties, it will now merely be an abuse of process of law. 6. Resultantly, the misc. petition is allowed and the proceedings in Criminal Case No.1977/2012 titled as State vs. Kuldeep Sanadhya & Ors. pending before the Court of Additional Civil Judge-cum-Metropolitan Magistrate No.12, Jaipur Metropolitan for the offence under Sections 498A, 384 & 120-B IPC is quashed and set-aside.