Anand Kumar vs State & Anr on 4 January, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4619 / 2017
Anand Kumar S/o Shri Jagdish Prasad, By Caste Chobdar, Resident
of 5-C- 152, JNV Colony, Bikaner (Raj.)
—-Petitioner
Versus
1. State of Rajasthan (through P.P.)

2. Smt Rekha Chobdar W/o Anand Kumar Chobdar, B/c Chobdar,
R/o Resident of 5-C-152, JNV Colony, Bikaner (Raj.)
—-Respondents
__
For Petitioner(s) : Mr.P.K.Mathur.
For Respondent(s) : Mr.Deepak Choudhary, P.P., Mr.J.K.Chanda.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
04/01/2018

The instant misc. petition has been filed seeking quashing of

the proceedings of the Cr. Case No.45/2011 pending in the Court

of learned Judicial Magistrate No.3, Bikaner arising out of FIR

No.68/2010 registered at the Women Police Station, Bikaner for

the offences under Sections 498A, 323 and 406 of the I.P.C. on

the basis of the compromise.

The respondent No.2 is the first informant and the petitioner

is her husband.

Both the learned counsel for the parties have submitted that

the dispute between the parties has been settled and they are

now living in matrimony happily and thus, the proceedins going on

in the trial court should be quashed.
(2 of 2)
[CRLMP-4619/2017]

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 13.12.2017 has

accepted the said application for the offences under Sections 323

and 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 has been 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 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.45/2011 pending in the Court of

learned Judicial Magistrate No.3, Bikaner arising out of FIR

No.68/2010 registered at the Women Police Station, Bikaner for

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

Stay petition is also disposed of.

(SANDEEP MEHTA), J.

/tarun/

Leave a Comment

Your email address will not be published. Required fields are marked *