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Gopal Soni vs State & Anr on 21 February, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 558 / 2018
Gopal Soni S/o Shri Om Prakash Soni, Aged About 40 Years, Mata
Ka Than, Gandhi Nagar, Jodhpur.
—-Petitioner
Versus
1. State of Rajasthan

2. Smt. Asha Kumari D/o Shri Kanhaiya Lal W/o Gopal Soni, 1-GH-
1, Bapu Nagar, Pratap Nagar Police Station, Bhilwara At Present
R/o Mata Ka Than, Gandhi Nagar, Jodhpur.
—-Respondents
__
For Petitioner(s) : Mr.Kailash Khatri.
For Respondent(s) : Mr.M.S.Panwar, P.P.
Ms.Teena Garg.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
21/02/2018

The instant misc. petition has been filed seeking quashing of

the proceedings of the Cr. Case No.64/2014 pending in the Court

of learned Judicial Magistrate No.1, Bhilwara for the offence under

Section 498A, 406 and 323 of the I.P.C. on basis of a mutual

compromise.

The respondent No.2 is the first informant and the petitioner

is her husband.

The learned counsel representing the respective parties i.e.

petitioner husband and the respondent No.2 wife, submit that the

litigating spouses have mutually settled their disputes and are

living happily with each other. They thus, submit that the
(2 of 2)
[CRLMP-558/2018]

proceedings going on in the trial court against the petitioner

should be quashed.

They submit that an application for termination of the

proceedings through a mutual compromise was filed in the Court

below. The trial Court vide order dated 23.10.2017 has accepted

the said application for the offences under Sections 323 and 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 proceedings are being continued against the petitioner.

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 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.64/2014 pending in the Court of

learned Judicial Magistrate No.1, Bhilwara 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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