M.N. Bhandari, J. - (1.) By this criminal misc. petition, a challenge is made to the criminal proceedings in Criminal Case No. 158/1999 pending before the Additional Civil Judge (Junior Division)-cum-Judicial Magistrate, No.9, Jaipur City, Jaipur.
(2.) Learned counsel for the petitioner submits that after lodging of FIR, a settlement was entered between the parties and in pursuance of it, application under Section 13(b) of Hindu Marriage Act, 1955 (for short "Act of 1955") was filed to seek divorce mutually. In the divorce petition, the parties agreed not to pursue any litigation and at the same time, not to indulge themselves in any civil or criminal litigation even in future. The settlement towards "Stridhan" was also made. The petitioners had agreed to pay a sum of Rs. 5,000/- per month to the non-petitioner No. 2. After the settlement and petition for mutual divorce, nothing remained in the criminal case, however, it is being pursued by the non-petitioner No. 2 against her own promise made in the divorce petition is filed mutually. In view of the above, the criminal proceedings in pursuance to the FIR deserve to be quashed.
(3.) Learned counsel for the non-petitioner No. 2 submits that trial has already progressed where the evidence of the prosecution has been completed. In view of the above, interference in the proceedings may not be made. It is further stated that mutual divorce was taken but the condition therein was flouted by the petitioners themselves. They did not pay sum of Rs. 5,000/- per month, as was promised. In view of the above, the non-petitioner No. 2 is rightly pursuing the criminal case.;