BANWARI LAL SHARMA,J. - (1.) Mr. Atul Kumar Jain Learned Counsel appearing on behalf of Mr. Rajendra Singh Tanwar Learned Counsel for petitioners submits that petitioner no. 1 is husband and 2 is mother-in-law of respondent no. 2/complainant, the dispute between them is matrimonial in nature which is private one and they have settled their dispute amicably, compromise has already been submitted before the Trial Court. Learned Trial Court verified and attested the same and on the basis of compromise petitioners have already been acquitted for offence under Section 406 I.P.C. as this offence is compoundable, since offence under Section 498A is not compoundable, therefore Learned Trial Court refused to attest the compromise for this offence. He submits that after compromise no fruitful purpose will be served continuing the criminal proceedings for offence under Section 498A, therefore the entire proceedings of Criminal Case No. 375/2010 pending before Learned Additional Chief Judicial Magistrate, Nasirabad, District Ajmer (FIR No. 239/2010, Police Station Nasirabad Sadar, Ajmer) be quashed and set aside. He also submits that respondent no. 2/complainant is present in person before this Court along with her counsel.
(2.) Mr. Nemi Chand Sharma Learned Counsel appearing on behalf of respondent no. 2/complainant submits that respondent no. 2/complainant is present before this Court to whom he identifies. He submits that if the proceedings of Criminal Case No. 375/2010 pending before Learned Additional Chief Judicial Magistrate, Nasirabad, District Ajmer (FIR No. 239/2010, Police Station Nasirabad Sadar, Ajmer) for offence under Section 498A I.P.C. is quashed then respondent no. 2 has no objection.
(3.) Learned PP Mr. Jitendra Shrimali also didn't object in allowing this Misc. Petition.;