HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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.
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.
For Petitioner(s) : Mr.Kailash Khatri.
For Respondent(s) : Mr.M.S.Panwar, P.P.
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.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
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)
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
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.