BAJRANG LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is petition under Section 482 Cr.P.C. for quashing of the criminal proceedings pending against the petitioner in the court of Additional Chief Judicial Magistrate No.3, Bikakner in Criminal Case No.1344/2000 arising out of FIR No.173/1998 registered at Police Station Gangashahar, District Bikaner for offence under Sections 498-A, 406 of the IPC. It is stated that an FIR was registered under Section 498-A, 406 of the IPC against the present petitioner and his family members. The matter was investigated. All were found innocent except the present petitioner. Hence, charge-sheet was filed only against the petitioner. The respondent No.2 is the wife of the present petitioner. Subsequently, the matter has been compromised. The FIR arises out of matrimonial dispute. Thus, the dispute is totally personal in nature.

(2.) LEARNED counsel Mr.Avinish Bhati has put in appearance on behalf of the respondent. He does not dispute that the matter has been compromised. It is further stated by him that the complainant has no objection if FIR is quashed. Moreover, in pursuance to the said compromise, an application under Section 13-B of the Hindu Marriage Act has been filed jointly by both the parties before the Family Court, Bikaner. The same is placed on record. Another case filed under Section 125(3) of the Cr.P.C. has also been withdrawn by the respondent-complainant in pursuance of the said compromise. The Full Bench of the Punjab and Haryana High Court in the case of Kulwinder Singh and others v. State of Punjab and another-2007 (3) RCR (Criminal) 1052 has observed as under :-