HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 4272 / 2017
Anil Kumar S/o Shri Iswer Ram, Aged About 32 Years, By Caste
Tailar, R/o 238, Nehru Colony, Police Station Ratanada, Jodhpur.
1. State of Rajasthan
2. Smt. Kamlesh Bhati W/o Shri Rajsingh Bhati, Aged About 54
Years, By Caste Rajput, R/o K – 16, Subhash Colony, Sector 5,
Defence Lab Road, Ratanada, Jodhpur.
For Petitioner(s) : Mr.Lalit K.Purohit.
For Respondent(s) : Mr.V.S.Rajpurohit, P.P., Mr.Dharmendra
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
The instant misc. petition has been filed seeking quashing of
the proceedings of the Cr. Case No.171/2014 pending in the Court
of learned Chief Metropolitan Magistrate, Jodhpur Metro for the
offence under Section 354 I.P.C. on the basis of the compromise.
Learned counsel for the parties submit that the matter, which
is essentially in the nature of a civil dispute , has been
compromised between the parties and a joint application to this
effect was submitted before the learned court below. Vide order
dated 22.8.2017, the trial Court partly accepted the said
application for the offences under Sections 323 and 341 of the
I.P.C. and has compounded the proceedings to that extent. So far
(2 of 2)
as the offence under Section 354 of I.P.C. is concerned, the
application was rejected by the trial Court.
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
Accordingly, the misc. petition is allowed and the
proceedings of the Cr. Case No.171/2014 pending in the Court of
learned Chief Metropolitan Magistrate, Jodhpur Metro for the
offence under Section 354 of the I.P.C. are hereby quashed.