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Ramandeep Kaur & Anr vs State on 19 January, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 187 / 2018
1. Ramandeep Kaur W/o Harcharan Singh, B/c Sikh, R/o
Gurudwara Nanak Darbar Paota “A” Road, Jodhpur (Raj.)
2. Harcharan Singh S/o Jogendra Singh, B/c Sikh, R/o 21 G.B.B.
M.B. Colony, Nangal (Punjab)
—-Petitioners
Versus
The State of Rajasthan Through P.P.
—-Respondent
__
For Petitioner(s) : Mr.P.N.Mohanani, Mr.N.R.Goswami.
For Respondent(s) : Mr.M.S.Panwar, P.P.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
19/01/2018

The instant misc. petition has been filed seeking quashing of

the proceedings of the Cr. Case No.131/2017 pending in the Court

of learned Judicial Magistrate, Jodhpur District arising out of FIR

No.177/2015 registered at the Women Police Station, District

Jodhpur (East) for the offence under Section 498A of the I.P.C. on

the basis of the compromise.

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

No.2 is her husband.

Learned counsel for the petitioners has submitted that the

petitioners have resumed the matrimonial relationship and are

residing happily with each other without any sort of dispute

between them and thus, the proceedings going on in the trial

court should be quashed.
(2 of 2)
[CRLMP-187/2018]

He submits 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 27.11.2017 has

accepted the said application to the extent of Section 406 IPC

whereas it was rejected to the extent of Section 498A IPC. He

urges that the continuance of the proceedings against the

petitioner No.2 before the trial court may unsettle the compromise

arrived at between the parties. Thus, it was prayed that the same

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 No.2 in the learned trial Court cannot be

considered 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.131/2017 pending in the Court of

learned Judicial Magistrate, Jodhpur District arising out of FIR

No.177/2015 registered at the Women Police Station, District

Jodhpur (East) for the offence under Section 498A of the I.P.C. are

hereby quashed. Stay petition is also disposed of.

(SANDEEP MEHTA),J.

/tarun goyal/

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