Anil Kumar vs State & Anr on 7 December, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4272 / 2017
Anil Kumar S/o Shri Iswer Ram, Aged About 32 Years, By Caste
Tailar, R/o 238, Nehru Colony, Police Station Ratanada, Jodhpur.

—-Petitioner
Versus

1. State of Rajasthan

2. Smt. Kamlesh Bhati W/o Shri Rajsingh Bhati, Aged About 54
Years, By Caste Rajput, R/o K – 16, Subhash Colony, Sector 5,
Defence Lab Road, Ratanada, Jodhpur.

—-Respondents
__
For Petitioner(s) : Mr.Lalit K.Purohit.
For Respondent(s) : Mr.V.S.Rajpurohit, P.P., Mr.Dharmendra
Surana.

__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
07/12/2017

The instant misc. petition has been filed seeking quashing of

the proceedings of the Cr. Case No.171/2014 pending in the Court

of learned Chief Metropolitan Magistrate, Jodhpur Metro for the

offence under Section 354 I.P.C. on the basis of the compromise.

Learned counsel for the parties submit that the matter, which

is essentially in the nature of a civil dispute , has been

compromised between the parties and a joint application to this

effect was submitted before the learned court below. Vide order

dated 22.8.2017, the trial Court partly accepted the said

application for the offences under Sections 323 and 341 of the

I.P.C. and has compounded the proceedings to that extent. So far
(2 of 2)
[CRLMP-4272/2017]

as the offence under Section 354 of I.P.C. is concerned, the

application was rejected by the trial Court.

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 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.171/2014 pending in the Court of

learned Chief Metropolitan Magistrate, Jodhpur Metro for the

offence under Section 354 of the I.P.C. are hereby quashed.

(SANDEEP MEHTA)J.

/tarun goyal/

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