Dear experts
In one case (of my known driver) u/s 498a & 406, case was under trial since 5 years, then both entered in RAJINAMA and filed devorce in 13b.
Based on said rajinama where in it was clearly mentioned that she dont want any crimainal proceeding along with other settlement terms, accused applied for closure of 498a and 406.
Session court accepted rajinama in 406 but declined for 498a being uncompundable.
Then accused accepted his crime under 498a and declared guilt.
But his advocate applied for benifits under section 4 of Probation of offender act, and under the terms of that section relief was given and released on Rs 10000 bond without sentencing.
Accordingly settled.
Please advice weather advocate should have applied for 482 quash based on Rajinama and accordingly get discharged the accused ? or the way opted was simple as he was releived within 1 monh of rajinama.
please opine
