HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1375 / 2017
Harsh Parihar S/o Shri Rakesh Parihar, By Caste Ghanchi, Resident
of 18, Harsh Jodhpur Restaurant, in Front of Lodha Petrol Pump,
National Highway No. 8, Sukher, Bhuwana, District Udaipur.
—-Petitioner
Versus
1. The State of Rajasthan.
2. Smt. Komal @ Priyanka W/o Harsh Parihar D/o Shiv Lal Solanki,
By Caste Ghanchi, Resident of 112, Lane Behind Post Office,
Subhash Chowk, Ratanada, Jodhpur.
—-Respondents
__
For Petitioner(s) : Mr.Ramesh Panwar.
For Respondent(s) : Mr.V.S.Rajpurohit, P.P., Mr.Ram Avtar.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
29/11/2017
The instant misc. petition has been filed seeking quashing of
the proceedings of the Cr. Case No.135/2013 pending in the Court
of learned Metropolitan Magistrate No.2, Jodhpur Metro arising out
of FIR No.135/2013 registered at the Women Police Station,
District Jodhpur for the offences under Sections 498A and 323 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 resumed the matrimonial relationship and are
residing happily with each other and there remains no disputes
between them and thus, the proceedings going on in the trial
court should be quashed.
(2 of 2)
[CRLMP-1375/2017]
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 21.2.2017 has
rejected the said application. They urge that the continuance of
the proceedings against the petitioner before the trial court may
unsettle the compromise arrived at between the parties. Thus, it
was prayed that the same be quashed.
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.135/2013 pending in the Court of
learned Metropolitan Magistrate No.2, Jodhpur Metro arising out of
FIR No.135/2013 registered at the Women Police Station, District
Jodhpur for the offences under Sections 498A and 323 of the
I.P.C. are hereby quashed. Stay petition is also disposed of.
(SANDEEP MEHTA),J.
/tarun goyal/
