HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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For Petitioner(s) : Mr.D.S.Gour.
For Respondent(s) : Mr.M.S.Panwar, P.P., Mr.P.D.Dave.
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
The instant misc. petition has been filed seeking quashing of
the proceedings of the Cr. Case pending in the Court of learned
Judicial Magistrate, Jodhpur District arising out of FIR No.35/2015
registered at the Woman Police Station, Jodhpur for the offence
under Section 498A of the I.P.C. on the basis of a mutual
compromise between the parties.
The respondent No.2 is the first informant and the petitioner
is her husband.
Both the learned counsel submitted that the spouses 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)
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 6.10.2017 has
rejected the said application. They submit that continuance of the
proceedings against the petitioner in pursuance of the impugned
FIR may result into the compromise being unsettled. They thus
pray that the impugned FIR as well as the proceedings pending in
the trial court in pursuance thereof may 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 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
Accordingly, the misc. petition is allowed and the
proceedings of the FIR No.35/2015 registered at the Woman Police
Station, Jodhpur for the offence under Section 498A of the I.P.C.
so also the Cr. Case pending in the Court of learned Judicial
Magistrate, Jodhpur District in pursuance thereof, are hereby
quashed. Stay petition is also disposed of.
(SANDEEP MEHTA), J.