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Basant Soni @ Dilip Kumar Soni vs State & Anr on 16 February, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 511 / 2018
Basant Soni @ Dilip Kumar Soni S/o Shri Dhan Raja @ Bhera Mal
Soni, Plot No.840, Ganesh Nagar, Main Newaru Road, Jhotwada,
Jaipur.
—-Petitioner
Versus
1. State of Rajasthan

2. Vijay Laxmi Soni D/o Shri Babulal Soni, 8 HB, Ganesh Mandir
Road, Ratanada, Jodhpur.
—-Respondents
__
For Petitioner(s) : Mr.Kailash Soni.
For Respondent(s) : Mr.M.S.Panwar, P.P., Mr.Parvej Moyal.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
16/02/2018

The instant misc. petition has been filed seeking quashing of

the proceedings of the Cr. Case No.56/2017 pending in the Court

of learned Additional Chief Metroplitan Magistrate (Economic

Offences), Jodhpur for the offence under Section 498A of the

I.P.C. on basis of a mutual compromise.

The learned counsel representing the accused petitioner and

the respondent No.2 complainant, submit that the litigating

parties have mutually decided to settle their disputes and thus,

the proceedins going on in the trial court against the petitioner

should be quashed.

They submit that a combined application for termination of

the proceedings through a mutual compromise was filed in the
(2 of 2)
[CRLMP-511/2018]

Court below. The trial Court vide order dated 15.12.2017 has

accepted the said application for the offence under Section 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 allowing further continuance of the proceedings

going on against the accused 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.56/2017 pending in the Court of

learned Additional Chief Metroplitan Magistrate (Economic

Offences), Jodhpur 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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