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Hitesh Pewa & Anr vs State & Anr on 20 February, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 556 / 2018
1. Hitesh Pewa S/o Late Shri Ramesh Ji Pewa, Aged About 30
Years

2. Smt. Ranjana Pewa W/o Late Shri Ramesh Ji Pewa, Aged About
55 Years, Both by Caste Kumhar, Resident of B-38, R.R.Vila, Pal
Balaji Temple Ke Aage, Near Bhadu Market, Pewa Marbles, PS
Chopasani Housing Board, Jodhpur (Raj.)
—-Petitioners
Versus
1. The State of Rajasthan

2. Smt. Pragati W/o Shri Hitesh Pewa D/o Shri Mangilal Ji Raseer,
Aged About 25 Years, 84, Baba Ramdev Road, Masuria, PS Pratap
Nagar, Jodhpur (Raj.)
—-Respondents
__
For Petitioner(s) : Dharmendra Surana.
For Respondent(s) : Mr.J.P.Bhardwaj, P.P.
Mr.Dashrath Singh.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
20/02/2018

The instant misc. petition has been filed seeking quashing of

the proceedings of the Cr. Case No.434/2017 pending in the Court

of learned Special Additional Chief Metroplitan Magistrate (PCPNDT

Act Cases), Jodhpur Metro for the offence under Section 498A of

the I.P.C. on basis of a mutual compromise.

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

No.1 is her husband.

The learned counsel representing the respective parties i.e.

accused petitioners including husband and the respondent No.2

wife, submit that the litigating spouses have mutually decided to

terminate their marital ties and have filed an application under

Section 13B of the Hindu Marriage Act seeking a decree of divorce.

They thus, submit that the proceedins going on in the trial court

against the accused petitioners should be quashed.
(2 of 2)
[CRLMP-556/2018]

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 8.11.2017 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 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.434/2017 pending in the Court of

learned Special Additional Chief Metroplitan Magistrate (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/

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