Rakesh Kumar & Anr vs State & Anr on 27 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4117 / 2017
1. Rakesh Kumar Son of Shri Badri Prasad, Aged About 30 Years,
By Caste Saini

2. Smt. Santosh Devi Wife of Shri Badri Prasad, By Caste Saini
Both Residents of Behind Targhar, Sector No. 6, Sureshiya Colony,
Hanumangarh Junction.
—-Petitioners
Versus
1. State of Rajasthan

2. Rekha Saini Wife of Shri Rakesh Kumar Daughter of Shri
Gordhan Lal, By Caste Saini, Resident of Shastri Nagar, Bhutiya
Bas, Ward No. 1, Churu.
—-Respondents
__
For Petitioner(s) : Mr.N.L.Joshi.
For Respondent(s) : Mr.M.S.Panwar, P.P., Mr.Awardan Charan.
__
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.311/2013 pending in the Court

of learned Chief Judicial Magistrate, Churu arising out of FIR

No.81/2012 registered at the Women Police Station, Churu for the

offences under Sections 498A and 406 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 decided to terminate their ties by mutual consent

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

quashed.
(2 of 2)
[CRLMP-4117/2017]

They submit that a combined application for termination of

the proceedings through a mutual compromise was filed in

cognate proceedings pending in the Family Court and decree of

divorce under Section 13B of Hindu Marriage Act was also issued

on the basis thereof and so also in the court of the CJM, Churu in

proceedings under Section 12 of the Domestic Violence Act. They

thus submit that the above compromise may be accepted so as to

quash the proceedings pending in the court below against the

petitioners for the offences under Sections 498A and 406 I.P.C.

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.311/2013 pending in the Court of

learned Chief Judicial Magistrate, Churu arising out of FIR

No.81/2012 registered at the Women Police Station, Churu for the

offences under Sections 498A and 406 of the I.P.C. are hereby

quashed.

(SANDEEP MEHTA), J.

/tarun goyal/

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