HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 4347 / 2017
Mahendra Singh Dhabriya S/o Shri B.L. Dhabriya, Azad Chouk,
1. Smt. Antima Dhabriya (Ex. Wife (Divorced) of Mahendra Singh
Dhabriya) D/o Shri Gyanchand Bafna, Resident of Opp. Rajasthan
Bank, Bigod, District Bhilwara (Raj.).
2. State of Rajasthan
For Petitioner(s) : Mr.Gaurav Shishodia.
For Respondent(s) : Mr.Shubham Modi, 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.158/2013 pending in the Court
of learned Additional Civil Judge and Judicial Magistrate No.2,
Bhilwara for the offence under Section 498A of the I.P.C. on the
basis of the compromise.
The respondent No.1 is the first informant and the petitioner
is her husband.
Both the learned counsel for the parties have submitted that
the parties have decided to terminate their ties by mutual consent
and thus, the proceedings going on in the trial court should be
They submit that an application for termination of the
proceedings through a mutual compromise was filed in cognate
proceedings pending in the Family Court and decree of divorce
under Section 13B of Hindu Marriage Act was also issued on the
basis thereof. They submit that a combined application for
(2 of 2)
termination of the proceedings through a mutual compromise was
filed in the Court below. Vide order dated 17.7.2017, the trial
Court partly accepted the said application for the offence under
Section 406 of the I.P.C. and has compounded the proceedings to
that extent. They thus submit that the above compromise may be
accepted so as to quash the proceedings pending in the court
below against the petitioner for the offence under Section 498A
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
Accordingly, the misc. petition is allowed and the
proceedings of the Cr. Case No.158/2013 pending in the Court of
learned Additional Civil Judge and Judicial Magistrate No.2,
Bhilwara for the offence under Section 498A of the I.P.C. are
(SANDEEP MEHTA), J.