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Kishan Lal vs State on 30 January, 2020

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 439/2020

Kishan Lal S/o Late Shri Chunni Lal Prajapat, Aged About 31
Years, Kanpur, Tehsil Girwa, Police Station Pratapnagar, District
Udaipur.

—-Petitioner
Versus

1. State, Through P.p.

2. Smt. Asha Prajapat W/o Kishan Lal Prajapat (Daughter Of
Kanhaiya Lal Prajapat), Kanpur, Tehsil Girwa, Plice Station
Pratapnagar, District Udaipur Presently Residing At
Lakhawali, Tehsil Badgaon, District Udaipur.

—-Respondents

For Petitioner(s) : Mr.Deepak Menaria.
For Respondent(s) : Mr.Sudhir Tak, P.P.

Mr.N.K.Gurjar.

HON’BLE MR. JUSTICE SANDEEP MEHTA

Judgment / Order

30/01/2020
The instant misc. petition has been filed seeking quashing of

the proceedings of the Cr. Case No.19001/2015 pending in the

Court of learned Additional Chief Judicial Magistrate No.3, Udaipur

arising out of FIR No.168/2014 registered at the Woman Police

Station Udaipur for the offence under Section 498A of the I.P.C. on

the basis of the compromise.

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

is her husband.

Both the learned counsel for the parties have submitted that

the parties have settled their dispute by mutual consent and thus,

the proceedins going on in the trial court should be quashed.

(Downloaded on 30/01/2020 at 08:59:22 PM)

(2 of 2) [CRLMP-439/2020]

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 21.12.2019 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 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.19001/2015 pending in the Court of learned

Additional Chief Judicial Magistrate No.3, Udaipur arising out of

FIR No.168/2014 registered at the Woman Police Station Udaipur

for the offence under Section 498A of the I.P.C. are hereby

quashed. Stay application is disposed of.

(SANDEEP MEHTA),J

/tarun goyal/ 74

(Downloaded on 30/01/2020 at 08:59:22 PM)

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