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Devender Singh & Ors vs State & Anr on 22 January, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2728 / 2016

1. Devender Singh Shekhawat S/o Sh. Surendra Singh
Shekhawat, aged about 31 years, resident of The Palms
Apartment, Flat No. 16, Plot Number 13-B, Dwarka, Sector
6, Dwarka, South West Delhi.

2. Pramod Kanwar w/o Shri Sh. Surender Singh Shekhawat,
aged about 59 years, resident of The Palms Apartment, Flat
No. 16, Plot Number 13-B, Dwarka, Sector 6, Dwarka, South
West Delhi.

3. Surender Singh Shekhawat, S/o Sh. Bhagirath Singh
Shekhawat, aged about 64 years, resident of The Palms
Apartment, Flat No. 16, Plot Number 13-B, Dwarka, Sector
6, Dwarka, South West Delhi.

4. Hiteshwari Kanwar d/o Shri Surender Singh Shekhawat, aged
about 21 years, resident of The Palms Apartment, Flat No.
16, Plot Number 13-B, Dwarka, Sector 6, Dwarka, South
West Delhi.

5. Sajna Kanwar w/o Shri Dushyant Singh, aged about 28
years, resident of Rampura House, Plot No. 8, Kelashapuri,
Near Gandhi Colony, Karni Palace Hotel Road, Kotwali
Bikaner.

6. Shri Dushyant Singh, s/o Shri Ram Singh Panwar aged about
30 years, resident of Rampura House, Plot No. 8,
Kelashapuri, Near Gandhi Colony, Karni Palace Hotel Road,
Kotwali Bikaner.

—-Petitioners
Versus

1. State of Rajasthan through the Public Prosecutor

2. Smt. Manisha Rathore w/o Shri Devender Singh Shekhawat,
resident of Plot No. 165-A, Z.S.B. B.J.S. Colony, Maha
Mandir, Jodhpur

—-Respondents
__
For Petitioner(s) : Mr.Rajvendra Saraswat.
For Respondent(s) : Mr.V.S.Rajpurohit, P.P., Mr.H.S.Inda.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
22/01/2018
(2 of 2)
[CRLMP-2728/2016]

The instant misc. petition has been filed seeking quashing of

the FIR No.149/2016 registered at the Women Police Station,

Jodhpur East for the offences under Sections 498A, 406 and 323

IPC and subsequent proceedings sought to be taken in pursuance

thereof, 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

both the parties have decided to terminate their ties by mutual

consent and there remains no further dispute between them and

thus, the proceedings undertaken in pursuance of above F.I.R.

should be quashed. A formal compromise submitted by the parties

has been verified by the Dy.Registrar (Judl.), RHC, Jodhpur today.

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 petitioners in pursuance of the impugned F.I.R. is not

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 F.I.R.

No.149/2016, Women Police Station, Jodhpur East and all

proceedings sought to be taken thereunder are hereby quashed.

Stay petition is also disposed of.

(SANDEEP MEHTA)J.

/tarun goyal/

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