JUDGEMENT
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(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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