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Suveer Mahajan & Ors vs State on 5 February, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 367 / 2018
1. Sh. Suveer Mahajan S/o Sh. Devendra Mahajan, Aged About 32
Years, 593, Barkat Nagar, Tonk Phatak, Jaipur.

2. Smt. Vanin Lata W/o Sh. Devendra Mahajan, Aged About 64
Years, 593, Barkat Nagar, Tonk Phatak, Jaipur.

3. Smt. Tripti W/o Sh. Suveer Mahajan D/o Sh. Ashok Kumar
Verma, Aged About 30 Years, B/c Punjabi R/o 23, Vayu Vihar,
Block D, Near Jhalamand Circle, Jodhpur.
—-Petitioners
Versus
State of Rajasthan
—-Respondent
__
For Petitioner(s) : Mr.Surendra Surana Mr.Prabhat Ojha.
For Respondent(s) : Mr.V.S.Rajpurohit, P.P.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
05/02/2018

The instant misc. petition has been filed jointly by the

accused as well as complainant seeking quashing of the

proceedings of Cr. Case No.65/2016 pending in the court of

learned Special ACJM, PCPNDT Act Cases, Jodhpur Metro for the

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

compromise.

The petitioner No.3 is the first informant and the petitioner

No.1 is her husband.

The learned counsel representing both the parties i.e.

accused and the complainant, submit that the parties have

decided to terminate their ties by mutual consent. They thus,
(2 of 2)
[CRLMP-367/2018]

submit that the proceedings going on against the petitioners No.1

and 2 in the trial court should be quashed.

An application for termination of the proceedings through a

mutual compromise was filed in the Court below. The trial Court,

vide order dated 4.9.2017 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

No.1 and 2 for the offence under Section 498A 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 petitioners No.1 and 2 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.65/2016 pending in the court of

learned Special ACJM, PCPNDT Act Cases, Jodhpur Metro for the

offence under Section 498A of the I.P.C. are hereby quashed.

Stay petition is disposed of.

(SANDEEP MEHTA), J.

/tarun goyal/

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