Jayesh @ Jalu Ram & Ors vs State & Anr on 20 December, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4520 / 2017
1. Jayesh @ Jalu Ram Son of Shri Prabhu Ram, Aged About 41
Years, By Caste Suthar (Mistri), Resident of Krishna Nagar, House
No. 7, Kamrej, Char Rasta, Surat (Gujrat)

2. Prabhu Ram Son of Shri Lalu Ram

3. Smt. Laxmi Devi Wife of Shri Prabhu Ram, Both by Caste
Suthar, Resident of Village Jhakan, Tehsil Osian, District Jodhpur.
—-Petitioners
Versus
1. State of Rajasthan

2. Smt. Santosh Daughter of Shri Loonkaran, By Caste Suthar, Ex
Wife of Jayesh @ Jalu Ram, Resident of 17, S. Baldev Nagar,
Masuria, Jodhpur.
—-Respondents
__
For Petitioner(s) : Mr.Sunil Mehta.
For Respondent(s) : Mr.M.S.Panwar, P.P., Mr.B.S.Tanwar.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
20/12/2017

The instant misc. petition has been filed seeking quashing of

the proceedings of the Cr. Case No.350/2012 pending in the Court

of learned Additional Civil Judge Metropolitan Magistrate No.1,

Jodhpur Metropolitan arising out of FIR No.115/2006 registered at

the Woman Police Station, 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.
(2 of 3)
[CRLMP-4520/2017]

Both the learned counsel for the parties have submitted that

the parties have decided to terminate their ties by mutual consent

and a decree of divorce under Section 13B has also been issued by

the competent court of jurisdcition. They thus, submit that the

proceedins going on against the petitioners in the trial court

should be quashed.

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 20.9.2017 has

accepted the said application for the offences under Sections 406

and 323 of the I.P.C. and has compounded the proceedings to that

extent only. However, the proceedings remained to continue in the

trial court against the petitioners for the offence under Section

498A of 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.350/2012 pending in the Court of

learned Additional Civil Judge Metropolitan Magistrate No.1,

Jodhpur Metropolitan arising out of FIR No.115/2006 registered at
(3 of 3)
[CRLMP-4520/2017]

the Woman Police Station, Jodhpur for the offence under Section

498A of the I.P.C. are hereby quashed.

(SANDEEP MEHTA), J.

/tarun goyal/

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