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Hemraj Singh vs State & Anr on 13 December, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR

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For Petitioner(s) : Mr.D.S.Gour.
For Respondent(s) : Mr.M.S.Panwar, P.P., Mr.P.D.Dave.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
13/12/2017

The instant misc. petition has been filed seeking quashing of

the proceedings of the Cr. Case pending in the Court of learned

Judicial Magistrate, Jodhpur District arising out of FIR No.35/2015

registered at the Woman Police Station, Jodhpur for the offence

under Section 498A of the I.P.C. on the basis of a mutual

compromise between the parties.

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

is her husband.

Both the learned counsel submitted that the spouses have

decided to terminate their ties by mutual consent and thus, the

proceedins going on in the trial court should be quashed.
(2 of 2)
[CRLMP-4395/2017]

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 6.10.2017 has

rejected the said application. They submit that continuance of the

proceedings against the petitioner in pursuance of the impugned

FIR may result into the compromise being unsettled. They thus

pray that the impugned FIR as well as the proceedings pending in

the trial court in pursuance thereof may be quashed.

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

allowed to continue, it may result into the compromise being

unsettled.

Accordingly, the misc. petition is allowed and the

proceedings of the FIR No.35/2015 registered at the Woman Police

Station, Jodhpur for the offence under Section 498A of the I.P.C.

so also the Cr. Case pending in the Court of learned Judicial

Magistrate, Jodhpur District in pursuance thereof, are hereby

quashed. Stay petition is also disposed of.

(SANDEEP MEHTA), J.

/tarun goyal/

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