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
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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/