KAILASH AND ANR. Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2012-1-239
HIGH COURT OF RAJASTHAN
Decided on January 13,2012

Kailash And Anr. Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

Sandeep Mehta, J. - (1.) The police, after investigation, gave a final report in the matter and the respondent No. 2 Saroj has already been married to another person as per the noting on her summon, which was served to her father.
(2.) The present miscellaneous petition has been filed by the petitioners seeking quashing of the proceedings in Criminal Case No. 295/2006 (State v. Kailash & Ors.) pending against the petitioners in the Court of the learned Additional Chief Judicial Magistrate, Sujangarh, district Churu and instituted at the instance of the respondent No. 2 Smt. Saroj for the offence under Section 498-A, I.P.C.
(3.) The First Information Report in this case was filed by the respondent No. 2 Smt. Saroj against the petitioners. On the basis of the said F.I.R., the charge-sheet was filed and the trial is going on the Court of the learned Chief Judicial Magistrate, Sujangarh, district Churu. During pendency of the trial, the parties arrived at a compromise and accordingly an application was filed on behalf of the complainant (respondent No. 2) and the petitioners before the trial Court for terminating the proceedings on the basis of the compromise. The said application was filed. The trial Court, vide order dated 6.4.2010 allowed the parties to compound the offence under Section 406 I.P.C. but rejected the said application so far as the offence under Section 498-A I.P.C., hence the present miscellaneous petition for quashing of the proceedings against the accused-petitioners.;


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