Allowed

Rajkumar Khemani and Ors. v. State and Anr.

Rajasthan HC2 Feb 2012CRLMP/212/2012

Case brief

AI extract

What is this about?

The Supreme Court quashed criminal proceedings against petitioners in a Case No. 488/2011 for offences under Sections 498A and 406 IPC arising from matrimonial dispute. The court held that since spouses had entered into compromise and filed for mutual divorce, conviction was remote.

What did the court decide?

Order dated 21.12.2011 set aside; further proceedings in Criminal Case No.488/2011 for offences under Sections 498A and 406 IPC quashed.

Rajkumar Khemani and Ors. Vs State and Anr. — Corruption | Rajasthan HC (2012)

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S. B. CRIMINAL MISC. PETITION NO. 212/2012 Rajkumar Khemani & Ors. Vs. State of Rajasthan and Anr.

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DATE OF ORDER : 02.02.2012

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HON'BLE MR. JUSTICE SANDEEP MEHTA

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Mr. S.K. Bohra, for the petitioners. Mr. Aneesh Bhurat, Public Prosecutor. Mr. H.M. Saraswat, for the respondent No.2.

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The instant misc. petition has been preferred by the petitioners seeking quashing of the proceedings of Criminal Case No.488/2011 pending in the court of Judicial Magistrate Jodhpur District, Jodhpur and against the order dated 21.12.2011, whereby, the application filed by the parties for permitting the compromise was rejected.

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Learned counsel submits that subsequent to the chargesheet being filed in the matter, the spouses have entered into the compromise and that the respondent No.2 has voluntarily filed an application before the court below for deciding the matter by way of compromise. It is submitted that the parties have already filed an application for divorce by mutual consent in the Family Court, Jodhpur and that now since the parties have settled their differences in a matrimonial dispute, the possibility of the petitioners being convicted in the case for offence under Section 498A IPC is absolutely remote.

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Learned counsel further submits that an application for compromise so far as it relates to the offence under Section 406 IPC has already been accepted by the learned trial court. Thus, learned counsel submits that the proceedings against the

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petitioners pending in the court of Judicial Magistrate Jodhpur District, Jodhpur should be quashed.

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Learned counsel for the respondent No.2 admits the factum of the compromise and states that the parties have voluntarily entered into the compromise and the complainant respondent No.2 is present today before this Court as well. She admits the factum of compromise.

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In view of the above, this Court feels that once the spouses have decided to settle their differences in a criminal case, which arose out of matrimonial rift, the possibility of the petitioners being convicted in the case is absolutely remote.

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Accordingly, this Court is of the opinion that the proceedings going on against the petitioners in the court of Judicial Magistrate Jodhpur District, Jodhpur being Criminal Case No.488/2011 titled as State Vs. Raj Kumar & Ors. for the offence under Section 498A IPC and all other proceedings therein deserve to be quashed.

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Consequently, this misc. petition succeeds. The order dated 21.12.2011 passed by the learned Judicial Magistrate Jodhpur District, Jodhpur is set aside. The further proceedings going on against the petitioners in Criminal Case No.488/2011 titled as State Vs. Raj Kumar & Ors. for the offence under Section 498A IPC pending in the court of Judicial Magistrate Jodhpur District, Jodhpur are hereby quashed.

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(SANDEEP MEHTA), J.

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ms rathore

Rajkumar Khemani and Ors. v. State and Anr.

Case brief

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Rajkumar Khemani and Ors. v. State and Anr.

Case brief

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