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Snehdeep Singh vs State & Anr on 19 January, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4578 / 2017
Snehdeep Singh S/o Shri Anil Kumar Charan, Aged About 35
Years, By Caste Charan, Resident of House No. 13, Royal
Residence Colony, Rasala Road, Paota Circle, Jodhpur.
—-Petitioner
Versus
1. The State of Rajasthan
2. Smt. Suman Kanwar W/o Shri Snehdeep Singh D/o Shri
Chandan Dan Barhath, Resident of House No. 32, 33 Mahaveer
Singh Nagar, Outside Tisari Pole, Mahamandir Jodhpur.
—-Respondents
__
For Petitioner(s) : Mr.Vinod Sharma.
For Respondent(s) : Mr.V.S.Rajpurohit, P.P., Mr.Pushpendra
Trivedi.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
19/01/2018

The instant misc. petition has been filed seeking quashing of

the proceedings of Cr. Case No.141/2014 pending in the court of

learned Metropolitan Magistrate No.2, Jodhpur Metro for the

offences under Sections 498A, 324 and 354 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.

Both the learned counsel for the parties have submitted that

the parties have decided to terminate their ties by mutual consent

and they have filed a divorce petition before the learned Family

Court No.1, Jodhpur under Section 13B of the Hindu Marriage Act

for dissolution of their marriage. They thus, submit that the order

dated 7.12.2017 so also all proceedings going on against the

petitioner in the trial court should be quashed.
(2 of 2)
[CRLMP-4578/2017]

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 7.12.2017 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 are continuing in the trial

court against the petitioners for the offences under Sections 498A,

324 and 354 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.141/2014 pending in the Court of

learned Metropolitan Magistrate No.2, Jodhpur Metro for the

offences under Sections 498A, 324 and 354 of the I.P.C. are

hereby quashed.

The parties shall be bound by the terms and conditions of

the application filed before the Family Court under Section 13B of

the Hindu Marriage Act.

Stay petition is disposed of.

(SANDEEP MEHTA), J.

/tarun goyal/

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