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Hemant Chauhan & Ors vs State on 7 February, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4080 / 2017
1. Hemant Chauhan S/o Shri Govindlal Chauhan, Aged About 28
Years
2. Shri Govindlal Chauhan S/o Shri Bhanwarlal Chauhan, Aged
About 55 Years
3. Smt Meena W/o Shri Govindlal Chauhan, Aged About 42 Years,
All R/o Manisha Beauty Parlour, Nehru Colony, Falna, District Pali
Rajasthan At Present FD 664 Floor, Shivaji Enclave, Rajauri
Garden, Delhi.
4. Smt. Padma Chauhan W/o Shri Hemant Chauhan D/o Shri
Omprakash Chauhan, Aged About 26 Years, F 24 UIT Colony,
Pratapnagar, Jodhpur, Rajasthan.
—-Petitioners
Versus
State of Rajasthan
—-Respondent
__
For Petitioner(s) : Mr.Salman Agha Mr.M.S.Sheikh.
For Respondent(s) : Mr.J.P.Bhardwaj, P.P.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
07/02/2018

The instant misc. petition has been filed seeking quashing of

the proceedings of the Cr. Case No.43/2016 pending in the Court

of learned Additional Chief Metroplitan Magistrate and Special

Court, PCPNDT Act Cases, Jodhpur Metro for the offence under

Section 498A of the I.P.C. on basis of a mutual compromise.

The petitioner No.4 is the first informant and the petitioner

No1 is her husband.

The learned counsel representing the respective parties viz.

accused petitioners including husband and the wife, submit that

the litigating spouses have mutually decided to terminate their
(2 of 2)
[CRLMP-4080/2017]

marital ties and thus, the proceedins going on in the trial court

against the accused petitioners 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 8.4.2017 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. 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 allowing further continuance of the proceedings

going on against the accused petitioners 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.43/2016 pending in the Court of

learned Additional Chief Metroplitan Magistrate and Special Court,

PCPNDT Act Cases, Jodhpur Metro 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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