Tushar Rastogi & Anr vs State on 24 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4182 / 2017
1. Tushar Rastogi S/o Shri Balkishan Rastogi, Aged About 37
Years, By Caste Rastogi, R/o Plot No. C.M. 20, Sector B, Aliganj,
Lacknow (U.P.)

2. Smt. Nupur Rastogi W/o Shri Tushar Rastogi D/o Shri Krashan
Kumar, Aged About 31 Years, By Caste Rastogi, R/o 133, Laxmi
Nagar, Paota, Jodhpur.
—-Petitioners
Versus
State of Rajasthan
—-Respondent
__
For Petitioner(s) : Mr.Pawan Rankawat.
For Respondent(s) : Mr.V.S.Rajpurohit, P.P., Mr.Sudhir Tak.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
24/11/2017

The instant misc. petition has been filed seeking quashing of

the proceedings of the Cr. Case No.59/2014 pending in the Court of

learned Additional Metropolitan Magistrate No.2, Jodhpur Metro

arising out of FIR No.145/2013 registered at the Women Police

Station, Jodhpur for the offence under Section 498A of the I.P.C. on

the basis of the compromise.

The petitioner No.2 is the first informant and the petitioner

No.1 is her husband.

Both the learned counsel for the parties have submitted that

the parties have decided to terminate their ties by mutual consent
(2 of 2)
[CRLMP-4182/2017]

and thus, the proceedins going on in the trial court should be

quashed.

They submit that a combined application for termination of the

proceedings through a mutual compromise was filed in the Court

below. The trial Court vide order dated 10.5.2017 has accepted the

said application for the offences under Sections 406 and 323 of the

I.P.C. and has compounded the proceedings to that extent. So far as

the offence under Section 498A of I.P.C. is concerned, the application

has been rejected by the trial Court on the ground that the offence

under Section 498A of I.P.C. is non-compoundable.

In this view of the matter and looking to the guidelines issued

by the Hon’ble Apex Court in the case of Gian Singh Vs. State of

Punjab Anr. reported in JT 2012(9) SC-426 , it is apparent that

further continuance of the proceedings going on against the

petitioner No.1 in the learned trial Court cannot be said to be

expedient in the interest of justice. If the proceedings are allowed to

continue, it may result into the compromise being unsettled.

Accordingly, the misc. petition is allowed and the

proceedings of the Cr. Case No.59/2014 pending in the Court of

learned Additional Metropolitan Magistrate No.2, Jodhpur Metro

arising out of FIR No.145/2013 registered at the Women Police

Station, Jodhpur for the offence under Section 498A of the I.P.C.

are hereby quashed.

(SANDEEP MEHTA),J.

/tarun goyal/

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