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/