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Mahendra Singh Dhabriya vs Smt Antima Dhabriya & Anr on 12 December, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR

S.B. Criminal Misc(Pet.) No. 4347 / 2017
Mahendra Singh Dhabriya S/o Shri B.L. Dhabriya, Azad Chouk,
Bhilwara (Raj.)
—-Petitioner
Versus
1. Smt. Antima Dhabriya (Ex. Wife (Divorced) of Mahendra Singh
Dhabriya) D/o Shri Gyanchand Bafna, Resident of Opp. Rajasthan
Bank, Bigod, District Bhilwara (Raj.).
2. State of Rajasthan
—-Respondents
__
For Petitioner(s) : Mr.Gaurav Shishodia.
For Respondent(s) : Mr.Shubham Modi, Mr.M.S.Panwar, P.P.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
12/12/2017

The instant misc. petition has been filed seeking quashing of

the proceedings of the Cr. Case No.158/2013 pending in the Court

of learned Additional Civil Judge and Judicial Magistrate No.2,

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

basis of the compromise.

The respondent No.1 is the first informant and the petitioner

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.

They submit that an 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. They submit that a combined application for
(2 of 2)
[CRLMP-4347/2017]

termination of the proceedings through a mutual compromise was

filed in the Court below. Vide order dated 17.7.2017, 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. They thus submit that the above compromise may be

accepted so as to quash the proceedings pending in the court

below against the petitioner for the offence under Section 498A

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 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.158/2013 pending in the Court of

learned Additional Civil Judge and Judicial Magistrate No.2,

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

hereby quashed.

(SANDEEP MEHTA), J.

/tarun goyal/

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