HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 306/2020
1. Shri Bharat @ Tinku S/o Popatlal Ji, Aged About 33 Years,
By Caste Purohit, R/o Village Khiwara, Tehsil Desuri.
Currently R/o A-5, 2Nd Floor, Garden View Society,
Chandravarkar Road, Borivali (West), Mumbai 92.
2. Shri Popat Lal S/o Jasraj Ji, Aged About 59 Years, By
Caste Purohit, R/o Village Khiwara, Tehsil Desuri.
Currently R/o A-5, 2Nd Floor, Garden View Society,
Chandravarkar Road, Borivali (West), Mumbai 92.
3. Smt. Uma @ Urmila W/o Popal Lal Ji, Aged About 58
Years, By Caste Purohit, R/o Village Khiwara, Tehsil
Desuri. Currently R/o A-5, 2Nd Floor, Garden View
Society, Chandravarkar Road, Borivali (West), Mumbai 92.
4. Smt. Bhawana W/o Bharat Ji, Aged About 40 Years, By
Caste Purohit, R/o Damubhai Society, Aarti Building, 2Nd
Floor, Vasana, Ahmedabad, Gujarat.
5. Smt. Sangeeta W/o Balusingh Ji, Aged About 38 Years, By
Caste Purohit, R/o Sagar Society, House No. 1, Uttam
Nagar, Backside Of Heera Bhai Tower, Mani Nagar,
Ahmedabad, Gujarat.
—-Petitioners
Versus
1. State, Through P.p.
2. Smt. Pooja W/o Bharat Ji, Aged About 34 Years, By Caste
Purohit, R/o A-5, 2Nd Floor, Garden View Society,
Chandravarkar Road, Borivali (West), Mumbai 92.
Currently R/o Village Basant, Tehsil Sumerpur, District
Pali, Rajasthan.
—-Respondents
For Petitioner(s) : Mr.Vikram Singh Rajpurohit.
For Respondent(s) : Ms.Rajlaxmi, P.P.
For Complainant(s) : Mr.Suresh Kumbhat.
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
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29/01/2020
The instant misc. petition has been filed seeking quashing of
the proceedings of the Cr. Case No.1546/2013 (748/2014)
pending in the Court of learned Additional Chief Judicial
Magistrate, Sumerpur, District Pali arising out of FIR No.88/2013
registered at the Police Station Takhatgarh, District Pali for the
offence under Section 498A 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 thus, the proceedins going on in the trial court should be
quashed.
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 18.5.2018 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 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
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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.1546/2013 (748/2014) pending in the Court of
learned Additional Chief Judicial Magistrate, Sumerpur, District Pali
arising out of FIR No.88/2013 registered at the Police Station
Takhatgarh, District Pali for the offence under Section 498A of the
I.P.C. are hereby quashed. Stay application is disposed of.
(SANDEEP MEHTA),J
/tarun goyal/88
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