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1994 Supreme(Raj) 951

N.L.TIBREWAL
Om Prakash Modi – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Shri Om Prakash Modi, petitioner alongwith his counsel Shri Ashok Mishra, present; Shri R.S. Agrawal, Addl. P.P.
For the Respondent: Smt. Kalawati @ Chandrakala, present in person.

JUDGMENT

1. - Petitioner Om Prakash Modi alongwith his counsel Shri Ashok Mishra present. Mr. R. S. Agrawal, Additional Public Prosecutor for the State is present, and Smt. Kalawati alias Chandrakala is present in person.

2. The wishes of Smt. Kalawati alias Chandrakala, wife of the petitioner Om Prakash, were obtained in Chambers, in which, she has disclosed that she was living with her husband Om Prakash Modi. She also stated that she was living peacefully and amicably and there were two children from their wedlock. Now she had no grievance against her husband or any of his relatives though, on account of some misunderstanding she filed a complaint against them on the basis of which a charge-sheet has been filed. She has expressed that she does not want to continue the criminal proceedings against her husband and his other relatives, as it would not be in her interest. That she wanted to live peacefully and happily with her husband and the continuation of criminal proceedings may again spoil their matrimonial relations. She has, therefore, supported the petitioners that the criminal proceedings under Sections 498-A and 323 Indian Penal Code in criminal Case No. 6/93 pending in the










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