Naimuddin @ Montu & Ors vs State & Anr on 6 December, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4195 / 2017
1. Naimuddin @ Montu S/o Shri Gulamuddin Gul Ajmeri, Aged
About 31 Years

2. Gulamuddin S/o Shri Sirazuddin

3. Smt. Femida Gul W/o Shri Gulamuddin, All Petitioners Are
Muslim by Caste and R/o 11/291 Chopasni Housing Board,
Jodhpur.
—-Petitioners
Versus
1. The State of Rajasthan

2. Smt. Nazia @ Reena W/o Naimuddin D/o Shri Khurshid Ahmed,
Aged About 30 Years, By Caste Muslim, R/o Sanjay Colony C, Near
Morning Glory Public School, Pratapnagar, Jodhpur.
—-Respondents
__
For Petitioner(s) : Mr.Iqbal Sherani.
For Respondent(s) : Mr.V.S.Rajpurohit, P.P., Mr.Insaf Ali.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
06/12/2017

The instant misc. petition has been filed seeking quashing of

the proceedings of the Cr. Case No.335/2016 pending in the Court

of learned ACMM (PCPNDT), Jodhpur Metro arising out of FIR

No.25/2016 registered at the Woman Police Station West, 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 decided to terminate their ties by mutual consent

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

quashed.
(2 of 2)
[CRLMP-4195/2017]

They submit that a combined application for termination of

the proceedings through a mutual compromise was filed in the

Court below. Vide order dated 5.10.2017, the trial Court partly

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 was 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.335/2016 pending in the Court of

learned ACMM (PCPNDT), Jodhpur Metro arising out of FIR

No.25/2016 registered at the Woman Police Station West, Jodhpur

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

quashed.

(SANDEEP MEHTA), J.

/tarun goyal/

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