Mehboob Khan & Ors vs State & Anr on 27 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR

S.B. Criminal Misc(Pet.) No. 4177 / 2017
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—-Petitioners
Versus
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—-Respondents
__
For Petitioner(s) : Mr.Balkrishna.
For Respondent(s) : Mr.M.S.Panwar, P.P., Mr.Raju Singh.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
27/11/2017

The instant misc. petition has been filed seeking quashing of

the proceedings of the Cr. Case No.207/2011 pending in the Court

of learned Judicial Magistrate, Jodhpur District arising out of FIR

No.68/2007 registered at the Women Police Station, District Jodhpur

for the offence under Section 498A of the I.P.C. on the basis of the

compromise.

The respondent 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 been residing happily with each other and there

remained no disputes between them and thus, the proceedins going

on in the trial court should be quashed.
(2 of 2)
[CRLMP-4177/2017]

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 18.3.2017 has accepted the

said application for the offence under Section 406 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

petitioners 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.207/2011 pending in the Court of

learned Judicial Magistrate, Jodhpur District arising out of FIR No.

68/2007 registered at the Women Police Station, District Jodhpur for

the offence under Section 498A of the I.P.C. are hereby quashed.

Stay petition is also disposed of.

(SANDEEP MEHTA),J.

/tarun goyal/

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