HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4080 / 2017
1. Hemant Chauhan S/o Shri Govindlal Chauhan, Aged About 28
Years
2. Shri Govindlal Chauhan S/o Shri Bhanwarlal Chauhan, Aged
About 55 Years
3. Smt Meena W/o Shri Govindlal Chauhan, Aged About 42 Years,
All R/o Manisha Beauty Parlour, Nehru Colony, Falna, District Pali
Rajasthan At Present FD 664 Floor, Shivaji Enclave, Rajauri
Garden, Delhi.
4. Smt. Padma Chauhan W/o Shri Hemant Chauhan D/o Shri
Omprakash Chauhan, Aged About 26 Years, F 24 UIT Colony,
Pratapnagar, Jodhpur, Rajasthan.
—-Petitioners
Versus
State of Rajasthan
—-Respondent
__
For Petitioner(s) : Mr.Salman Agha Mr.M.S.Sheikh.
For Respondent(s) : Mr.J.P.Bhardwaj, P.P.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
07/02/2018
The instant misc. petition has been filed seeking quashing of
the proceedings of the Cr. Case No.43/2016 pending in the Court
of learned Additional Chief Metroplitan Magistrate and Special
Court, PCPNDT Act Cases, Jodhpur Metro for the offence under
Section 498A of the I.P.C. on basis of a mutual compromise.
The petitioner No.4 is the first informant and the petitioner
No1 is her husband.
The learned counsel representing the respective parties viz.
accused petitioners including husband and the wife, submit that
the litigating spouses have mutually decided to terminate their
(2 of 2)
[CRLMP-4080/2017]
marital ties and thus, the proceedins going on in the trial court
against the accused petitioners 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 8.4.2017 has
accepted the said application for the offences under Sections 406
and 323 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 petitioners 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.43/2016 pending in the Court of
learned Additional Chief Metroplitan Magistrate and Special Court,
PCPNDT Act Cases, Jodhpur Metro 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/
