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Judgment
Petitioner has preferred this Criminal Miscellaneous Petition seeking quashing of proceedings in Criminal Case No.689/2018 pending before learned
Judicial Magistrate No.2, Jaipur District Jaipur.
It is contended by learned counsel for the petitioner that there was a matrimonial dispute. Parties have amicably settled their dispute and they have
moved an application under Section 13-B of the Hindu Marriage Act for obtaining divorce by mutual consent and compromise deed is filed before the
Court. Court has compounded the offence under Section 406 of IPC but as offence under Section 498-A of IPC was non-compoundable, the same
was not compounded.
Complainant along with her counsel is present in the Court, who has not disputed the fact of parties having entered into compromise. She has no
objection to the quashing of the proceedings.
I have considered the contentions.
In B.S. Joshi & Ors. vs. State of Haryana & Anr., 2003 Cri.L.J. 202,8 Apex Court in a matrimonial dispute had compounded the offence under
Section 498-A IPC.
In view of the fact that there is a matrimonial dispute and parties have amicably settled the dispute, the present Criminal Miscellaneous Petition is
allowed and proceedings in Criminal Case No.689/2018 pending before learned Judicial Magistrate No.2, Jaipur District Jaipur stand quashed.