MOHD. UMAR & ORS. Vs. STATE OF RAJASTHAN & ORS.
LAWS(RAJ)-1999-11-39
HIGH COURT OF RAJASTHAN
Decided on November 25,1999

Mohd. Umar And Ors. Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

Shiv Kumar Sharma, J. - (1.) On the basis of complaint made by Smt. Taslim Bano, informant-respondent a case under Ss. 498-A and 406 IPC was registered against the petitioners. After submission of the charge-sheet in the trial-court, the parties submitted a compromise but in view of the provisions contained in section 320 of the Cr.RC. the trial-court dismissed the application. Therefore, the petitioners have called in question the order of trial Court and prayed that the proceedings pending in the trial Court should be quashed.
(2.) Undeniably, the offences under Ss. 498-A and 406 IPC are not compoundable under section 320 Cr.RC. but in view of the fact that the criminal complaint was filed on account of misunderstanding and now the dispute has been resolved and the parties are living happily under these circumstances, it would not be proper to continue the proceedings. I am of the view to maintain the harmony between the parties, it would be proper in the interest of justice to quash the proceedings pending in the trial court for offence under Ss. 498-A and 406 IPC.
(3.) Hence, the Cr. Misc. Petition filed under section 482 Cr.RC. is allowed. The proceedings pending in Cr. Case No. 20/99 State v. Mohd. Umar and Ors. in the Court of Addl. Civil Judge (JD) & J.M.N. 9, Jaipur City, Jaipur, for offence under Ss. 498-A and 406 IPC are quashed and set-aside.;


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