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/
