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Bharat @ Tinku vs State on 29 January, 2020

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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