SUNDER & ANR Vs. STATE OF RAJASTHAN & ANR
LAWS(RAJ)-2012-2-261
HIGH COURT OF RAJASTHAN
Decided on February 17,2012

Sunder And Anr Appellant
VERSUS
State Of Rajasthan And Anr Respondents

JUDGEMENT

- (1.) An application, S.B. Criminal Misc. Application No.599/2012, has been filed for compounding the offences under Sections 498A, 406, 323 IPC on the ground that the parties have entered into a compromise. Compromise has also been submitted before this court which has been attested by the Deputy Registrar (Judl.). This court had also directed the Deputy Registrar (Judl.) to record the statement of Smt. Sheetal W/o late Rajendra. The said statement has been produced before this Court. The same shall form part of the record. Smt. Sheetal has also been identified by her counsel. This court asked Smt.2 Sheetal whether she wished to pursue the criminal case registered against the petitioners. She states that she has no desire to pursue the case.
(2.) Considering the fact a matrimonial dispute has arisen between Sheetal and her in-laws, considering the fact that she had filed a FIR against her husband, Rajendra, who has already expired, considering the fact that the parties have already entered into a compromise and relying upon the case of B.S. Joshi V/s. State of Haryana, 2003 4 SCC 675], no fruitful purpose would be served by continuing the trial. The application, S.B. Criminal Misc. Application No.599/2012, is, hereby, allowed.
(3.) Therefore, in the interest of justice, the offences under Sections 498A, 406 and 323 IPC are, hereby compounded. The criminal trial pending in Original Criminal Case No.24/2005 pending before the Judicial Magistrate, Sirohi is, hereby quashed and set aside. The accused-respondent are, hereby, discharged from the said offences. The petition is, hereby, allowed.;


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